Louisiana Advance Directives Explained:

An advance directive or “living will” is a legally binding document that gives instructions for health care at the end of life.  It comes into play when you are no longer able to make or communicate those decisions yourself.  It is used when your condition is terminal and irreversible.  It is a good idea to speak with immediate family when preparing an advance directive to let them know the decisions that you have made.

In Louisiana, an advance directive is only used to indicate a desire to withhold certain life-supporting medical treatments.  There are various types of life sustaining procedures.  You can be very specific about which treatments are desired and which you want withdrawn.  You also have to be clear about your preferences about the usage of hydration and artificial nutrition at all times.

What is a “terminal and irreversible” condition?

A persistent, profound comatose state for which there is no realistic prospect of recovery, or an incurable condition brought on by an injury, disease, or illness for which it is reasonable to conclude that providing medical care would only hasten the process of dying are both considered terminal and irreversible conditions.

What are “life sustaining” procedures?

Any medical therapy or treatment that does not cure or improve the terminal and irreversible condition—rather than improving it—is considered life-sustaining.  The delivery of cardio-pulmonary resuscitation, devices that breathe on your behalf (ventilators), and the intrusive provision of food and water are a few instances of life-sustaining treatments.  Any action required to offer comfort care (such as pain medication) is not included in a “life-sustaining procedure.”

When does my living will become effective?

An advance directive becomes effective when the following three requirements are satisfied: a copy of your living will is in the possession of your healthcare provider; your doctor and one other doctor have determined that you are incapable of making decisions for yourself regarding medical treatment and care; and your doctor and one other doctor have determined that you are in a persistent profound comatose state or that you have a terminal and irreversible condition for which comfort care is required.

Advance directive versus DNR:

A living will and a “do not resuscitate” (DNR) order are not the same thing.  A DNR order is one that your doctor records in your medical file at your request.  A DNR states that your medical professionals won’t make any attempt to resuscitate you in the event of a cardiac arrest (heart stops beating) or respiratory arrest (breath stops).  A DNR only addresses these two scenarios, hence a living will is more comprehensive than a DNR.  When you have a terminal illness that is irreversible, a living will is intended to cover all kinds of life-sustaining medications and procedures that are required to offer comfort care.

Advance directive versus health care power of attorney:

A living will only takes effect in the event that your illness is irreversibly terminal.  Furthermore, a living will only gives you the authority to request the withholding or withdrawal of life-sustaining treatments.  Making a living will necessitates thinking ahead to potential future events and stating your wishes well in advance of realizing any health issues.

With a healthcare POA, you can name agents who will make decisions regarding your medical care in the event that you are unable to do so.  You can have some influence over unforeseen events when you can choose an agent to represent you.  This often comes up when permission is needed to perform some life-saving procedure.

Do I have to record my living will?

Louisiana law does not require you to record your advance directive.  However, you should ensure that all of your health care providers have a copy of your living will.  You also have the option to register your living will with the Secretary of State, which ensures that all medical providers have access to it.

Can I revoke my living will?

An advance directive can be revoked at any time.  You have two options when it comes to rescinding your living will: either destroy the original or put your wishes in writing.  If the original was registered or given to your physicians, it is a good idea to execute a formal revocation.  You should also inform your family members and medical professionals that you have canceled your living will.

Do advance directives Expire?

Advance directives are perpetual.  Until you alter it, an advance directive is valid.  It is important to frequently check that your advance directives still accurately represent your desires.  After completing an advance directive, you should start over with a blank document if you wish to make any changes.

Who makes these decisions without a living will?

In the absence of an advance directive, the decisionmaker is decided by order of priority:

1. Legal guardian (for minors);
2. Your spouse (if not judicially separated);
3. An adult child;
4. A parent;
5. A sibling;
6. Other ascendants or descendants.

If there is more than one person in a class, the declaration shall be made by majority vote, but only if there are good faith efforts to have all members of the class participate.

Louisiana Advance Directive Attorneys:

We are a Gretna law firm that has served the New Orleans area since 1980.  Our experienced advance directive lawyers are well versed at estate planning and can analyze your situation and advise you of your options regarding your advance directive, also known as a living will, to ensure your end-of-life care is carried out according to your preferences.  We take pride in offering a personal and trusted experience.  Call us today for a free consultation and find out why so many of our clients come back to us.