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Louisiana Durable Power of Attorney Laws

Explanation of Chart and More Information on Durable Power of Attorney Laws

Code Section R.S. 40:1299.58.1 (c) et seq. Declarations Concerning Life-sustaining Procedures
Specific Powers, Life-Prolonging ActsAny medical procedure or intervention, including but not limited to invasive administration of nutrition and hydration, which would serve only to prolong the dying process for a person diagnosed as having a terminal and irreversible condition. Does not include any measure necessary for comfort care
Legal Requirements for Durable Power of AttorneyThe declaration made under statutory "Declarations Concerning Life-sustaining Procedures" may include designation of another person to make treatment decision for the declarant should s/he be diagnosed with terminal or irreversible condition and be comatose, incompetent or otherwise mentally or physically incapable of communication (sample form §1299.58.3 (c))
Revocation of Durable Power of AttorneyRevocable at any time by declarant without regard to mental state or competency by (1) destruction of document; (2) written revocation signed and dated by declarant; (3) oral or nonverbal expression by declarant of intent to revoke. Effective upon communication to physician
Validity from State-to-StateDeclaration properly executed in and under the laws of another states is deemed to be validly executed.
If Physician Unwilling to Follow Durable Power of AttorneyPhysician shall make reasonable effort to transfer patient to another physician
Immunity for Attending PhysicianAny health care facility, physician or other person acting under their direction shall not be criminally, civilly, or professionally liable for withholding life-sustaining procedures in accordance with the provisions of this chapter

Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.

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