A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.
Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.
In Louisiana, a living will is recognized as a Declaration Concerning Life-Sustaining Procedures, as per the Louisiana Revised Statutes, specifically under Title 40, Chapter 1299.58.1-1299.58.10. This legal document allows an individual, known as the declarant, to specify their preferences regarding medical treatment in the event they are unable to communicate due to a terminal and irreversible condition. The living will can include instructions to withhold or withdraw life-sustaining procedures, including artificial nutrition and hydration, when such treatments would only prolong the dying process or when the declarant is in a persistent vegetative state. It is important for the living will to be witnessed and properly executed according to Louisiana law to be considered valid. Additionally, Louisiana recognizes the use of Do Not Resuscitate (DNR) orders, which are separate directives that inform medical personnel not to perform CPR if the patient's breathing or heart stops. It is advisable for individuals to consult with an attorney to ensure that their living will and any other advance directives are properly drafted and executed in accordance with Louisiana law.