Louisiana Health Care Power of Attorney Form
A Louisiana health care power of attorney gives an agent permission to make health-related decisions for a principal. The agent must fulfill the principal’s medical requests as written in the form. The document is durable as it does not have an expiration date (unless the principal sets one). A principal who deems an agent incapable of carrying out their wishes can execute this document at any time. If the agent cannot make decisions for the principal, the responsibility moves onto an alternate agent (if one has been assigned).
A medical power of attorney provides the principal with certainty that they will receive care in the manner they have requested. If this form has not been completed, the principal’s family members will have to set up or attend a court proceeding to establish a conservator. This process costs both time and money, which can be burdensome during this already stressful time. It also alleviates concern about the treatment that a principal would want as it states their exact preferences.
The Louisiana medical consent law only allows the agent to make surgical and medical treatments arrangements. It does not enable the agent to make plans for behavioral or mental health care. Instead, mental health treatment is determined by existing Louisiana law (§ 1299.52). If the agent needs to arrange a principal’s mental health treatment, they must complete a separate advance directive for behavioral and mental health treatment. The form must align with the behavioral health law (§§ 28-1 to 28-932).
Laws: R.S. 40:1151.2(c)(1)
Signing requirements (R.S. 40:1151.2(2)): Two (2) witnesses must be present upon signing