| Living Wills |
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by: Advocacy Center
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| Q. | What is a Living Will? |
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| A. | A Living Will is a declaration in which you can state your wishes to have all or certain types of medical treatment withheld or withdrawn if you are suffering from a terminal and irreversible condition, including a profound comatose state with no reasonable chance of recovery. |
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| Q. | Who can make a Living Will? |
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| A. | Any competent adult can make a Living Will. Also, you can give someone else the authority to make the decision to withhold or withdraw all or certain types of medical treatment for you, if you are unable to do so. This can be done by a written declaration in front of 2 witnesses. |
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| Q. | Do I have to have a Living Will? |
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| A. | No. A Living Will is purely voluntary. But if you decide to make a Living Will, it must meet the legal requirements set forth below. |
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| Q. | What happens if I do not make a Living Will? |
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| A. | If you have not made a Living Will and you become physically and/or mentally incapable of communicating and you have been certified as a qualified patient, then the law allows other persons to make medical decisions for you. The order of priority of persons making these decisions is:
- The person (if any) you named in writing;
- A court-appointed guardian (curator);
- Spouse (if not judicially separated);
- Adult children;
- Parents;
- Siblings;
- Other ascendants/descendants (grandparents or grandchildren).
If there is more than one person in each class (group) (for example, more than one child), then everyone in that group must agree. A good faith effort must be made to talk with everyone in a group. |
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| Q. | How do I make a Living Will? |
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| A. | Living Wills can be written, oral or non-verbal (such as hand gestures, use of a communication board). A written declaration can be made anytime. This is higly recommended so that there will be clear written proof of your decision. An oral or non-verbal Living Will may only be made after you have been diagnosed as suffering from a terminal and irreversible condition. |
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| Q. | Who can be a witness to a Living Will? |
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| A. | All types of Living Wills require that the declaration (whether written, oral or non-verbal) be made in front of two witnesses. They must be competent adults who are not related to you by blood or marriage and who are not entitled to any part of your estate. A written declaration must be signed by you (the declarant) and by both witnesses. |
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| Q. | What kinds of treatment can be withheld or withdrawn? |
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| A. | Life sustaining procedures (LSP) are medical interventions (such as respirator, feeding tube, kidney dialysis, chemotherapy) which can postpone the moment of death but do not provide a cure. They can be withheld or withdrawn. LSP does not include anything which gives comfort care, such as pain medication. This will not be taken from you if you have a Living Will. Recent modifications to the Blank Declaration Form from the Louisiana Secretary of State require the you check whether you want all LSP withheld or withdrawn including food and water or if you want all LSP withheld or withdrawn except food and water.
NOTE: Artificially administered food and water (for example, by IV), will be withheld or withdrawn. If you want to continue to get either or both, then say this in your Living Will. |
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| Q. | How can you make sure your wishes will be followed? |
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| A. | Give a copy of your Living Will to your doctor right away, so it can be made a part of your medical record. Also, tell your close friends and/or family members so they will know your wishes. Keep a copy of your written declaration and give another copy to someone you trust. |
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| Q. | When does a Living Will go into effect? |
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| A. | A Living Will takes effect when you become a qualified patient. You would become a qualified patient only after:
- you have been examined by two doctors (one of whom is your treating doctor) and
- both of them certify in writing that you have a terminal and irreversible condition.
NOTE: Profound coma with no reasonable chance of recovery is automatically in this definition, and all Living Wills are presumed to include it, unless the Living Will clearly says otherwise. Thus, if you do want to have life sustaining procedures if you are in a profound coma, then say this in your Living Will. |
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| Q. | Can you change your mind and revoke your Living Will? |
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| A. | Yes. You can revoke (take back) your Living Will at any time, even if you are not mentally competent. |
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| Q. | How do I revoke (take back) a Living Will? |
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| A. | You can:
- make a written revocation;
- deface, tear, burn or destroy your written declaration;
- make an oral or non-verbal expression which declares your intent to revoke it.
Remember, the revocation does not take effect until you let your doctor know. Your doctor must then make it part of your medical record. Also, tell your friends and relatives that you have changed your mind. |
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| Q. | Can I register my Living Will or revocation anywhere "official?" |
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| A. | Yes. If you want, you can register your Living Will and/or your revocation with Louisiana's Office of the Secretary of State. For information about how to do this, click here to visit the Secretary of State's official website. A direct link to the page describing the Living Will registry program is provided below. |
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| Links: | Secretary of State Website Page about Living Wills |
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