Living Wills – What You Need to Know
What is a Living Will?
Generally, the term “Living Will” refers to a document that instructs doctors and family members as to the medical treatment a person wants or refuses when she is unable to tell the doctor herself. In Louisiana, people may make written living will declarations and file them with the Secretary of State. If the person becomes comatose or is otherwise unable to communicate with a doctor and the patient is diagnosed with a terminal and irreversible condition, doctors may rely on the individual’s living will as instructions for her medical treatment.
How does a person make a living will?
In Louisiana, an adult may make a living will by written declaration at any time. This declaration must be signed by the declarant and two witnesses. Alternatively, an adult may make a living will through an oral or nonverbal communication after he or she was diagnosed with a terminal and irreversible condition. A living will may contain specific instructions relating to various medical treatments including whether to withhold nutrition or hydration. A licensed attorney should be consulted when a person wants to create a living will declaration to ensure the individual’s wishes are properly recorded.
What happens if I make a Living Will and I change my mind?
A Living Will declaration may be revoked at any time through several means. If the living will declaration was filed with the Louisiana Secretary of State, the living will should be revoked in writing and the revocation should be filed with the Louisiana Secretary of State. Otherwise, the declarant can destroy the written declaration; sign and date a written revocation; or revoke the living will declaration by any oral or nonverbal communication. A licensed attorney should be consulted when a person wants to revoke a living will to ensure the individual’s wishes are properly recorded.
If I have a Living Will, can someone else make medical decisions for me even if I am capable of doing so?
No. In Louisiana, living wills are only consulted if the patient is unable to understand and communicate decisions relating to his or her medical care and the patient is diagnosed by two physicians as having a terminal and irreversible condition.
What happens if I do not have a living will and I am incapacitated and diagnosed as having a terminal and irreversible condition?
Louisiana law authorizes a distinct list of people who may make a living will declaration on behalf of a patient if the patient is diagnosed with a terminal and irreversible condition and is comatose or deemed legally incompetent, physically incapable or mentally incapable of communication. The list depends on whether the patient is a minor or an adult.If the patient is a minor, the following people, in order, may make a living will declaration on behalf of the patient: 1) the spouse of the patient if the spouse is an adult; 2) a parent or guardian of the patient. No one may make a living will declaration for a minor if he or she knows that the patient, an adult spouse or another parent or guardian opposes the living will. If the patient is an adult without a living will, the following individuals, in order, may make a living will declaration for the patient: 1) the judicially appointed tutor or curator; 2) a person designated by the patient in writing to make these types of decisions; 3) the patients’ spouse; 4) an adult child of the patient; 5) the parents of the patient; 6) a sibling of the patient; 7) other ascendants or descendants of the patient.
How will this affect my life insurance?
Louisiana law states that a living will does not constitute suicide and “the making of a [living will] . . . affect the sale, procurement, or issuance of any life insurance policy.” La. Rev. Stat. § 1299.58.10.
This article is intended for general information purposes only, and it is not intended to provide legal advice. A licensed Louisiana attorney should be consulted regarding any decisions relating to creating or revoking living wills in Louisiana.
