Medical power of attorney in Louisiana: how to sign one
The short answer
Louisiana has no separate medical power of attorney law. You name a health care agent in a mandate that expressly grants health care authority. A living will, called a declaration, needs two witnesses who aren't relatives or heirs. If you name nobody, the law turns to your spouse, children, parents, siblings, other relatives, then a friend.
The question under every medical power of attorney is a simple one. If you can't speak for yourself, who talks to the doctor?
Louisiana answers it in its own way. Its law comes from the civil law tradition, and it has no separate statute called a "health care power of attorney." This page explains what Louisiana uses instead, how the living will works, and what happens if you name nobody. It is part of our state-by-state planning guides. For the basics of the role, see what a medical power of attorney is.
What is a medical power of attorney called in Louisiana?
In Louisiana, a power of attorney of any kind is a mandate. The person you name is your mandatary, which means your agent. To give someone medical authority, you sign a mandate that grants health care authority expressly (Civil Code art. 2997).
The Civil Code's examples of health care authority include consenting to surgery, paying medical expenses, choosing nursing home residency and agreeing to medication. A financial mandate with general wording doesn't include any of this. If you want one person to handle both money and medical care, the document must say so plainly.
Your health care mandatary is a fiduciary: legally required to act in your interest and follow what you wrote.
How do I sign a health care mandate?
The Civil Code says a mandate needs no particular form (Civil Code art. 2993). So the Code itself sets no witness or notary rule for a health care mandate.
Louisiana has no official health care power of attorney form either. The form in the statute is for a living will, which is a different document (R.S. 40:1151.2).
There is one extra step worth knowing. Decisions about life-sustaining treatment fall under a separate law, the Natural Death Act. Under it, you can name someone to make those decisions for you in a writing signed in front of two witnesses (R.S. 40:1151.4). Your living will declaration can name that person too.
So a practical plan for most people looks like this:
- A written mandate that expressly grants health care authority.
- A living will declaration, signed before two qualified witnesses.
- In that declaration, or in a separate witnessed writing, the same person named for life-sustaining decisions.
Our Louisiana financial power of attorney guide covers the money side of the mandate.
Do I need a living will too?
Many people sign both. A mandate names a person. A living will writes down your wishes, so that person isn't guessing.
Louisiana calls a living will a declaration. Any adult can sign one directing that life-sustaining procedures be withheld or withdrawn if they have a terminal and irreversible condition (R.S. 40:1151.2).
How to sign it:
- You sign it in front of two witnesses.
- No notary is needed.
- Each witness must be a competent adult who is not related to you by blood or marriage and who would not inherit any part of your estate (R.S. 40:1151.1).
That rules out your sister, your nephew and anyone in your testament (Louisiana's word for a will). A friend from church or a neighbor who isn't in your testament is a good choice.
The statute includes an optional sample declaration, with a choice about nutrition and hydration. The Louisiana Secretary of State also keeps a registry where declarations can be filed. Our post on health care power of attorney vs living will explains how the two work together.
Who decides if I haven't named anyone?
Louisiana law picks for you. For consent to medical or surgical treatment, these people may decide, in order. Each class acts only if nobody in an earlier class is reasonably available, willing and competent (R.S. 40:1159.4).
| Order | Who may consent to treatment |
|---|---|
| 1 | You, if you are an adult able to decide |
| 2 | A court-appointed tutor or curator (guardian), if there is one |
| 3 | A mandatary under a mandate that specifically authorizes health care decisions |
| 4 | Your spouse, unless judicially separated |
| 5 | An adult child |
| 6 | A parent |
| 7 | A brother or sister |
| 8 | Other ascendants or descendants, such as grandparents or grandchildren |
| 9 | An adult friend |
When a class has several people, such as three adult children, the decision is by majority of those available to consult.
Notice where a named mandatary sits: third, ahead of every family member. That is the strongest reason to sign one.
Can a close friend decide in Louisiana?
Yes, but last. An adult friend qualifies only if nobody in classes 2 through 8 is available. The friend must have shown special care and concern for you, know your health care views, and be willing and able to act in your best interest. The friend signs and dates an acknowledgment form from the hospital or facility.
If nobody on the list is reasonably available, the attending physician may go ahead after documenting why and getting a second physician's confirmation.
Life-sustaining treatment has its own list
If you have a terminal and irreversible condition and no living will, a separate list applies to withholding or withdrawing life-sustaining procedures (R.S. 40:1151.4):
- A tutor or curator.
- A person you named in a writing signed before two witnesses.
- Your spouse, unless judicially separated.
- An adult child.
- Your parents.
- A brother or sister.
- Other ascendants or descendants.
The friend is not on this list. If the person who knows your wishes best is a friend, naming them in writing is the only way to give them a voice at the end of life. Two witnesses must also be present when anyone from groups 2 through 6 makes the decision.
Our who decides for me tool shows the default order for your own situation, and the 50-state guide to default decision-makers compares the rules across the country.
How do I choose my health care mandatary?
Once the papers are signed, the practical questions matter most. Is the person willing? Can they get to the hospital? Will they follow your wishes even when they'd choose differently?
A short checklist:
- They know what you want, because you've told them.
- They can stay calm in a hospital hallway and ask questions.
- They live close enough, or can travel when needed.
- You've named a backup in case they can't.
Here is a typical case, a composite. Yvonne is 73, widowed, and lives in Metairie. Her brother lives in Texas and calls on holidays. Her neighbor Lorraine drives her to appointments and knows what she would want. Yvonne signs a mandate naming Lorraine for health care, and names her in the living will declaration for end-of-life decisions, with her brother as backup.
Some people would like a professional standing by, first or behind a friend. A Kinly membership includes a medical power of attorney written for your state, and Trella Trust Company can be named in the role, first or as the backup to someone you choose. Our post on how to choose a medical power of attorney has more questions to ask.
Once your health papers are done, our Louisiana succession guide covers what happens to your home and savings later.
Common questions
Is there a Louisiana medical power of attorney form?
No official one. Louisiana has no separate health care power of attorney statute. You use a mandate that expressly grants health care authority. The statutory form in Louisiana law is for a living will declaration.
Does a Louisiana living will need to be notarized?
No. A written declaration is signed in front of two witnesses. Neither can be related to you by blood or marriage or be someone who would inherit from you.
Who makes medical decisions in Louisiana if there's no power of attorney?
After any guardian, the order is your spouse, an adult child, a parent, a sibling, other ascendants or descendants, and then an adult friend. Each class acts only if the one before it isn't reasonably available.
Can a friend make end-of-life decisions for me in Louisiana?
Not under the default list. A friend can consent to ordinary treatment as a last resort, but isn't on the list for withholding life-sustaining procedures. To give a friend that role, name them in a writing signed before two witnesses.
Can my financial mandatary make medical decisions?
Only if the mandate expressly grants health care authority. General financial wording isn't enough.
Sources
- Louisiana Civil Code art. 2997: Express authority required (Louisiana Legislature)
- Louisiana Civil Code art. 2993: Form of the mandate (Louisiana Legislature)
- R.S. 40:1151.1: Natural Death Act definitions (Louisiana Legislature)
- R.S. 40:1151.2: Making a declaration (Louisiana Legislature)
- R.S. 40:1151.4: Decisions for patients without a declaration (Louisiana Legislature)
- R.S. 40:1159.4: Persons who may consent to medical treatment (Louisiana Legislature)
This page is general information, not legal or financial advice. Laws vary by state.