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. This 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. Louisiana law requires the living will to be either notarized or signed by two witnesses, and it becomes effective when the declarant is diagnosed as having a terminal and irreversible condition by two physicians. The living will can include instructions on whether to administer, withhold, or withdraw life-sustaining treatments, including artificial nutrition and hydration. Louisiana's laws regarding Advance Health Care Directives and related documents can be found in the Louisiana Revised Statutes, particularly under Title 40, Chapter 1158.1 to 1158.8, known as the Louisiana Life-Sustaining Procedures Act. It is important for individuals to ensure that their living will complies with Louisiana's specific legal requirements to be valid and enforceable.