Louisiana Durable Power of Attorney Laws

Code Section

Louisiana Revised Statutes 40:1151 et seq.: Declarations Concerning Life-sustaining Procedures

Specific Powers, Life-Prolonging Acts

Any 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 Attorney

The 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 Attorney

Revocable 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-State

Declaration properly executed in and under the laws of another states is deemed to be validly executed.

If Physician Unwilling to Follow Durable Power of Attorney

Physician shall make reasonable effort to transfer patient to another physician

Immunity for Attending Physician

Any 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