Free Louisiana Medical Power of Attorney Forms

Louisiana Medical Power of Attorney Laws

• Determination of Incapacity - According to the Louisiana Revised Statutes, two physicians must examine the principal to determine mental incapacity. The doctors must also sign a written certificate confirming their diagnosis. If the pronouncement needs to be reversed, “the determination that the principal has regained his capacity while in the treatment facility shall be made by any licensed physician and entered in the principal's medical record” (LA Rev Stat §28:226).
• Execution of Advance Directive - The law ensures that the principal was not incapacitated when the POA was signed. A psychiatric evaluation is necessary to determine “whether the principal demonstrates an awareness of the nature of his illness and situation” (LA Rev Stat §12:224).

Signing Requirements in Louisiana

The principal must sign the written medical POA in Louisiana. It acts as the agent’s authority to make healthcare-related decisions on behalf of the principal. At least two competent individuals must sign the document as witnesses. Further, the signed form must be “accompanied by a written psychiatric examination performed by a physician or psychologist attesting to the principal's ability to make reasoned decisions concerning his behavioral health treatment” (LA Rev Stat §28:224).

How To Write a Medical POA in Louisiana

It is important to note that a medical POA must be signed while the principal is still coherent and cognizant. The following are the steps in creating a medical POA in Louisiana:

1. Choose an Agent You Trust

A medical POA serves as the agent’s permission to make decisions on your behalf in matters of healthcare. It is crucial that you choose someone you trust with your life. In most cases, principals select a family member like a spouse, common-law partner, child, sibling, parent, or other blood relatives.

The agent must be of legal age in Louisiana. In some cases, a principal may choose a person who is not related to them by blood, which is allowed. Because of the personal relationship between family members, designating a family member as your agent can be an emotional burden. This is why some principals prefer to assign the responsibility to someone they aren’t related to, like a lawyer.

Regardless of who you choose, remember that the person must be someone trustworthy, reliable, and capable of carrying out the preferences specified in your POA.

2. Discuss the POA Authority With Your Agent

Discuss the content of your POA with your agent. While everything should be included in the document, it is better to explain your motivations, preferences, and decisions. The role of an agent in a medical POA is not easy since it could affect a person’s life. The principal can make it easier by providing specific instructions with regard to medications, treatments, procedures, and end-of-life care.

While many agents do not get compensation for the responsibility because they’re family members, it is still worth discussing. However, the principal and agent can agree on a compensation package that includes refunds for transportation, meals, and lodging expenses incurred while doing their attorney-in-fact tasks.

3. Download and Fill Out a Louisiana Medical POA Template

Find a printable Louisiana medical POA form online. It is very convenient since you only need to print and fill it out. Be as specific as possible so that your healthcare wishes will be carried out even when you become legally incompetent.

4. Sign the POA

Sign the medical POA in Louisiana. Review the contents before signing to make sure everything you want is there. Two people must sign the document as witnesses.

5. Use the Louisiana Medical POA

Once signed, the medical POA becomes valid. When the agent makes decisions on behalf of the principal, they must have an original copy of the document.