Do I Need a Living Will or Health Care Mandate in Louisiana?

Life can throw all sorts of surprises our way, and among them are medical emergencies or, worse, death.

You can find peace of mind with two important legal documents: living wills and health care mandates. They help you and your loved ones in difficult situations.

Living wills and health care mandates in Louisiana are important legal documents. They ensure that your wishes are carried out when you are unable to make decisions for yourself.

These documents are crucial for ensuring that your preferences are respected in medical situations. Having these documents in place is important to protect your autonomy and ensure that your wishes are honored. These documents can prevent confusion and conflict among family members during emotional times.

What Is a Living Will?

In Louisiana, a living will is a document that sets forth your preferences for medical care at the end of life. A living will is also called an advance directive.

Why You Might Need a Living Will

With a living will in place, you can relieve your loved ones of the burden of making challenging decisions during a crisis. This document helps healthcare providers follow your wishes when you can’t speak for yourself.

Can Relatives or Your Spouse Witness the Signing of Your Living Will?

The answer is no.

In Louisiana, a living will must be signed and witnessed by two adults who are not related to you (preferably by an attorney with experience in wills and estate planning). This helps ensure its legality and enforceability.

What Is a Healthcare Mandate?

While a living will specifies your treatment preferences at the end of life, a health care mandate (also known as a health care power of attorney) appoints someone you trust to make medical decisions on your behalf when you are unable to do so.

About the Agent

A healthcare mandate enables you to designate someone to make critical healthcare decisions on your behalf. This person is referred to as your healthcare agent or proxy.

Your agent acts as your voice in medical settings if you are unable to speak for yourself.

According to Louisiana law, you’re free to designate anyone as your healthcare agent as long as the person is a legal adult.

Healthcare Mandate vs. Living Will

A healthcare mandate allows your chosen person to make decisions based on current information and situations. This gives them more freedom compared to a living will.

A healthcare mandate lets someone you choose make medical decisions for you based on what you want, which is different from a living will. This person can make decisions that align with your beliefs and preferences. This is important because it ensures that your wishes are followed if you are unable to make decisions for yourself. It gives you peace of mind knowing that someone you trust will advocate for your healthcare needs.

Limitations of Standard Documents

Living wills and healthcare mandates address advanced directive needs that standard hospital-issued documents don’t.

No Personalization

Generic documents often fail to account for individual preferences and unique situations, such as specific religious beliefs or personal medical directives.

Some religions have specific rules about life-saving treatments or organ donation that standard forms may not cover completely.

Without customization, your true wishes and values might not be fully reflected, potentially leading to decisions that don’t align with your beliefs or expectations.

Choosing the Right Person for Your Directives

Your agent can make important decisions that affect you, so trust and clear communication are very important.

Hence, consider choosing someone who understands your values and will respect your wishes, even in challenging situations.

Also, discuss your preferences openly with this person to ensure they are comfortable carrying out your directives.

Consequences of Not Having Directives

If you don’t have a living will or health care mandate in place, your family may face difficult decisions without guidance. This lack of direction can lead to disagreements among loved ones and create unnecessary stress during already challenging times.

Without clear instructions, doctors might have to make choices that don’t match your preferences or beliefs.

Why Choose The Law Office of Edward J. McCloskey?

Expert legal guidance can make all the difference when you’re considering critical documents like wills and mandates. This is where our firm comes in.

The Law Office of Edward J. McCloskey has more than 45 years of experience. They know that living wills, advanced directives, and health care mandates must be customized for each person.

Our legal services are tailored to your individual needs. We take the time to understand your unique situation and craft documents that reflect your values and wishes.