Louisiana Living Will Requirements
Based on Louisiana Revised Statutes §40:1151 through §40:1151.9 (Natural Death Act)
Quick Summary
- Document type: Declaration (Living Will)
- 2 witnesses required
- Notarization not required
Witness Requirements
Louisiana requires 2 witnesses who are present when you sign your declaration (living will). Witnesses have the following restrictions:
Witness restrictions:
- A witness must be a competent adult
- A witness cannot be related to the declarant by blood or marriage
- A witness cannot be entitled to any portion of the estate of the declarant upon the declarant's decease under any will or by operation of law
When Your Living Will Takes Effect
Your Louisiana living will becomes effective when the following conditions are met:
Terminal Illness
A terminal and irreversible condition is a condition caused by injury, disease, or illness which, within reasonable medical judgment, would produce death and for which the application of life-sustaining procedures would serve only to postpone the moment of death.
Persistent Vegetative State
A terminal and irreversible condition includes a continual profound comatose state with no reasonable chance of recovery, as certified by two physicians who have personally examined the patient, one of whom is the attending physician.
Irreversible Condition
Louisiana combines its definitions into a single "terminal and irreversible condition" which encompasses both a condition that would produce death regardless of life-sustaining procedures and a continual profound comatose state with no reasonable chance of recovery.
Important Notes for Louisiana
- Louisiana follows the Natural Death Act (Louisiana Revised Statutes §40:1151 through §40:1151.9)
- A written declaration must be signed by the declarant in the presence of two witnesses (RS §40:1151.2)
- A declaration may also be made orally or by other means of nonverbal communication in the presence of two witnesses
- Notarization is not required by Louisiana law but may be used to strengthen the document's validity
- A "qualified patient" must be diagnosed and certified in writing as having a terminal and irreversible condition by two physicians who have personally examined the patient, one of whom must be the attending physician
- "Life-sustaining procedure" means any medical procedure or intervention which, within reasonable medical judgment, would serve only to prolong the dying process, including the invasive administration of nutrition and hydration and the administration of cardiopulmonary resuscitation; it does not include any measure deemed necessary to provide comfort care
- A declaration may be registered with the Louisiana Secretary of State's office
- A declaration may be revoked at any time by the declarant without regard to mental state or competency, by physical destruction, written revocation, or verbal expression of intent to revoke
- Louisiana law does not void a declaration during pregnancy; however, the physician must balance the declaration with the state's interest in the unborn child
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.