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Living Wills in Louisiana

A living will is the part of an advanced directive that documents your wishes for end-of-life medical care. The medical power of attorney, which is the other part of the advanced directive, conveys authority to make medical decisions on your behalf under certain conditions. The state of Louisiana allows the filing of living wills with its office of the Secretary of State.

  1. Louisiana Living Wills

    • Louisiana enacted legislation concerning living wills in 1984. The state allows adults to make written declarations that direct the withdrawal or withholding of life-sustaining medical procedures if the person should develop an irreversible or terminal condition. Living wills go into effect when two doctors certify that you are unable to make medical decisions. The Louisiana office of the Secretary of State maintains a registry of living will declarations that are made available to health care facilities and attending physicians. The state provides certified copies of the declaration for a fee.

    Living Will Declaration Form

    • Louisiana provides a living will declaration form that requires the filer's signatures and the signatures of two witnesses. The form provides a standard statement concerning end-of-life care based on Louisiana law. The form is available for download on the Secretary of State website. You may also call or email the publication office to request the form. Louisiana does not provide forms for living wills concerning specific medical procedures.

    Registration of Living Wills

    • Louisiana registers living will declarations and revocations of a living will declaration. In 2011, the fees were $20 and $5, respectively. You or your attorney file the declaration by submitting it with the fee to the office of the Secretary of State in Baton Rouge, Louisiana. After a successful filing of the declaration, the state provides you with proof of the filing, which includes a laminated wallet-sized identification card and a "do not resuscitate" bracelet.

    Provisions

    • In signing the form, you attest to being of sound mind and to voluntarily making the living will instructions for your end-of-life care. Louisiana's living will declaration form requires you to initial one of two statements concerning the provision or withholding of nutrition and hydration. The Louisiana form also provides that both physicians who certify your condition also determine that death is imminent with or without life-sustaining measures. The form directs your family and physicians to honor the provisions of your living will as the final expression of your legal right to direct your medical care.

    Tips and Warnings

    • Have your attorney review your living will. Although advance directives are legal throughout the United States, not all states honor other state's living wills. The National Hospice and Palliative Care Organization recommends that you file a living will in a state where you spend a lot of time even if you do not live there. If you need to make changes to your living will, it is best to file a new one. A newly filed living will invalidates previously filed living wills.

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