A Living Declaration is a simple one page document that allows you to express your wishes for end on life care. Some states use the term, Living Will, but in Louisiana the correct legal term is Living Declaration.

It is much easier on your family and loved ones when your final care wishes are in writing and in proper legal form. This Living Declaration addresses the important issue of whether or not you want to be kept alive artificially if you have a terminal and irreversible condition. This is a very personal decision. Most older adults readily sign a Living Declaration, but many younger adults are not quite ready to make decisions about end of life care.

What are the legal requirements for this Declaration?

In order to sign a "Living Declaration", you must be at least 18 years old and capable of making end of life decisions. The declaration must be in writing, must be signed by yourself in front of two (2) witnesses who must also be at least 18 years old. The declaration should be read and discussed prior to you and the witnesses signing it. The witnesses should understand what you are signing and should be paying attention to the process. The witnesses cannot be related to you by blood, marriage or be your heir or legatee (someone who has a right to a portion of your estate). A Living Declaration does not have to be notarized.

This is an important document that all Louisiana citizens over the age of 18 should have. Call my office for a free form with detailed instructions for its completion. (504-467-1092).

Under what circumstances can this Declaration be used?

The law provides that if an individual is diagnosed as having an incurable injury, disease, or illness, and if this is certified by two (2) physicians, one (1) of whom is the attending physician, and if these doctors have determined that the individual's death will occur whether or not life sustaining procedures are withheld or withdrawn and that the procedures will only serve to prolong the dying process, then such procedures can be withheld or withdrawn.

The law further provides that the individual be allowed to die naturally with the person being given medication and the performance of any medical procedure deemed necessary to provide the individual with comfort care.

The primary practice at Melchers Law Firm focuses on estates, wills, trusts, successions, business law and personal injury. (Plaintiff representation)

Contact us for more information at 504-467-1092 or 504-467-1130