Life Sustaining Statute, Louisiana
Statutory Declaration in Conformance with Louisiana Natural Death Act, Louisiana R. S. 40:1299.58.3
DECLARATION OF _____________________
Declaration made this __________ day of ________________ 20________.I __________________, being of sound mind, willfully and voluntarily make known my desire that my dying shall not be artificially prolonged under the circumstances set forth below, do hereby declare:
If at any time I should have an incurable injury, disease, or illness certified to be a terminal and irreversible condition by two physicians who have personally examined me, one of whom shall be my attending physician, and the physicians have determined that my death will occur whether or not life- sustaining procedures are utilized and where the application of life-sustaining procedures would serve only to artificially prolong the dying process, I direct that such procedures be withheld or withdrawn, and that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide me with comfort care.In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this declaration shall be honored by my family and physicians as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal.
I understand the full import of this declaration and I am emotionally and mentally competent to make this declaration.
________________________________________
City of residence: ____________
Parish of residence: __________
State of residence: ___________
Date: __________________________________
The Declarant has been personally known to me and I believe him or her to be of sound mind.Witness _________________________________________________
Witness _________________________________________________
Date: _________________________
Statutory Declaration in Conformance with Louisiana Natural Death Act, Louisiana R. S. 40:1299.58.3
Review ListThis review list is provided to inform you about this document in question and assist you in its preparation. This simple Life Sustaining Declaration is valid in Louisiana. Check with a local hospital or doctor’s office, as well as with an experienced medical attorney, to assure yourself of its compliance with current statute (s) in your state.
1. Make multiple copies. Give one to your doctor (s), the local hospital, and have others available through your attorney and family. Remember, these kinds of documents are needed in emergency situations at worst and under stressful circumstances at best. So be sure they are available to the appropriate people easily, when needed.
Frequently Asked Questions
What is the Louisiana Natural Death Act?
The Louisiana Natural Death Act is a law that allows individuals to make a statutory declaration regarding the withholding or withdrawal of life-sustaining procedures under certain medical conditions. It is codified in Louisiana R.S. 40:1299.58.3. The Act provides a legal framework for individuals to express their wishes about end-of-life care.
What is a declaration of life-sustaining procedures in Louisiana?
A declaration of life-sustaining procedures is a document provided by the Louisiana Natural Death Act that allows a person to state their desire not to have their dying artificially prolonged under specific circumstances. It must be made voluntarily and while of sound mind. The declaration becomes effective when certain medical conditions are met.
Who can make a declaration under the Louisiana Natural Death Act?
Any person who is of sound mind can make a declaration under the Louisiana Natural Death Act. The declaration must be made willfully and voluntarily. There is no age restriction specified in the provided text, but the person must be competent.
What conditions must be met for a Louisiana Natural Death Act declaration to take effect?
The declaration takes effect if the person has an incurable injury, disease, or illness that is certified to be a terminal and irreversible condition by two physicians, one of whom is the attending physician. The physicians must determine that death will occur whether or not life-sustaining procedures are used, and that such procedures would only artificially prolong the dying process. Additionally, the person must be unable to give directions regarding the use of life-sustaining procedures.
How many physicians must certify a terminal condition in Louisiana?
Two physicians must certify that the condition is terminal and irreversible. One of these physicians must be the attending physician. Both physicians must have personally examined the patient.
What does 'life-sustaining procedures' mean in the Louisiana Natural Death Act?
The Louisiana Natural Death Act does not provide a specific definition in the given text, but it refers to medical procedures that would serve only to artificially prolong the dying process when death is imminent. The declaration directs that such procedures be withheld or withdrawn. The Act allows for comfort care measures to be administered.
Can I still receive medication for comfort if I have a Louisiana Natural Death Act declaration?
Yes, the declaration specifically states that you be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide you with comfort care. This ensures that you receive palliative care. The focus is on comfort rather than curative treatment.
What happens if I am unable to give directions regarding my life-sustaining procedures?
The declaration states that in the absence of your ability to give directions regarding the use of life-sustaining procedures, the declaration's directives apply. This means that your previously expressed wishes will be followed. The declaration is designed to speak for you when you cannot speak for yourself.
Is a Louisiana Natural Death Act declaration legally binding?
Yes, when properly executed and when the specified medical conditions are met, a declaration under the Louisiana Natural Death Act is legally binding. It is a statutory document recognized under Louisiana law. The declaration must be made in accordance with the Act's requirements.
How do I make a declaration under the Louisiana Natural Death Act?
To make a declaration, you must complete a form that includes your name, the date, and a statement that you are of sound mind and voluntarily making the declaration. The declaration must be in conformance with Louisiana R.S. 40:1299.58.3. It is advisable to consult with a legal or medical professional to ensure it meets all requirements.




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