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Aug 02, 2026
Planning for future medical decisions is an important part of a complete Louisiana estate plan. If an illness or injury prevents you from communicating, the right documents can provide instructions about your care and identify the person who should speak for you.
The correct term is advance directive, not “advanced directive.” An advance directive is a legal document that addresses future health-care decisions. In Louisiana, two of the most important advance directives are a living will declaration and a health-care mandate, commonly called a health-care power of attorney.
What Is a Louisiana Living Will?
A Louisiana living will provides instructions concerning life-sustaining treatment if you are later diagnosed with a terminal and irreversible condition and can no longer communicate your wishes.
Under Louisiana Revised Statute 40:1151.2, an adult may make a written declaration directing the withholding or withdrawal of life-sustaining procedures under those circumstances. The written declaration must be signed in the presence of two witnesses.
Louisiana’s statutory living-will form also allows you to state whether your instructions include the withholding or withdrawal of nutrition and hydration administered through invasive procedures. Treatment needed to keep you comfortable is not withdrawn simply because you have a living will.
A living will is sometimes called a living-will declaration or declaration concerning life-sustaining procedures.
Is a Living Will the Same as a Health-Care Power of Attorney?
No. Although both documents may be part of your advance health-care planning, they serve different purposes.
A living will provides instructions about life-sustaining procedures when its specific legal conditions are satisfied. It does not govern every medical decision or every period of temporary incapacity.
A health-care power of attorney, known in Louisiana as a health-care mandate, authorizes a trusted person to make health-care decisions for you when you cannot make or communicate those decisions yourself. It can address a broader range of medical circumstances, including an unexpected illness, serious injury, surgery, medication, or temporary incapacity.
Because these documents serve different functions, a complete plan will often include both a living will and a health-care mandate.
When Might an Advance Directive Be Needed?
Advance directives may become important when a person cannot understand, make, or communicate medical decisions because of circumstances such as:
- A serious accident or brain injury
- A coma or other loss of consciousness
- A stroke or progressive neurological condition
- Temporary incapacity during medical treatment
- A terminal and irreversible illness
The document that applies will depend on the circumstances. A health-care mandate can provide authority during temporary or permanent incapacity, while a Louisiana living will applies specifically to decisions about life-sustaining procedures when the statutory conditions are met.
Who Should Have an Advance Directive?
Any adult should consider creating advance directives. These documents are not limited to older adults or people who have already been diagnosed with a serious illness. An unexpected accident or medical emergency can occur at any age.
Advance directives should be completed while you are able to understand the documents, communicate your wishes, and select the people you trust. Waiting until a medical crisis may leave you unable to execute the necessary documents.
What Should You Do After Signing?
Signing an advance directive is only part of the planning process. You should also:
- Discuss your medical wishes with the person named as your health-care agent.
- Give copies to your physicians and other health-care providers.
- Tell close family members where the original documents are kept.
- Review the documents after a major health, family, or relationship change.
- Make sure your agent remains willing and able to serve.
Louisiana also maintains an End-of-Life Registry through the Secretary of State. Registration is optional, but it can make a living-will declaration more readily available to an attending physician or health-care facility.
Field Law Can Help
Advance health-care planning involves more than completing a generic form. Your living will and health-care mandate should work together and clearly reflect your wishes under Louisiana law.
Field Law helps individuals and families prepare advance health-care directives as part of a comprehensive estate plan. If you need to create or update these documents, contact Field Law to schedule a consultation.
