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 administer, withhold, or withdraw life-sustaining treatments. Louisiana law requires the living will to be either notarized or signed by two witnesses. Additionally, the state provides for the Louisiana Physician Order for Scope of Treatment (LaPOST) document, which is similar to a Do Not Resuscitate (DNR) order but more comprehensive, as it covers a range of life-sustaining treatments and is designed for patients with serious, advanced illnesses. It is important for individuals to understand that these documents must be set up in accordance with Louisiana law to be valid and enforceable.