A Louisiana living will, also referred to as a “declaration,” is an estate planning document with a simple function: to provide or deny consent for life-sustaining treatments when the document’s creator becomes incapacitated. This document will often be drafted alongside a medical power of attorney to ensure that the instructions contained therein are honored by the physician and health care professionals handling the patient. It is imperative that the principal (the person creating the living will) is mentally and emotionally competent while drafting this document as it determines whether or not they should be permitted to die naturally.

Laws – R.S. 40:1151.2

Signing Requirements (R.S. 40:1151.2(2)) – Two (2) witnesses

Statutory Form – R.S. 40:1151.2

State Definition

Statute – RS 40:1151.1

“Declaration” means a witnessed document, statement, or expression voluntarily made by the declarant, authorizing the withholding or withdrawal of life-sustaining procedures, in accordance with the requirements of this Subpart. A declaration may be made in writing, orally, or by other means of nonverbal communication.