Louisiana Children’s Code 1557 – Making of declaration; notification; illustrative form
Terms Used In Louisiana Children's Code 1557
- Attending physician: means the physician who has primary responsibility for the treatment and care of the child patient. See Louisiana Children's Code 1552
- Child: means a person under eighteen years of age who has not been judicially emancipated under Civil Code Article 385 or emancipated by marriage under Civil Code Articles 379 through 384. See Louisiana Children's Code 1552
- Death: means that in the announced opinion of a physician, based on ordinary standards of approved medical practice, the child has experienced an irreversible cessation of spontaneous respiratory and circulatory functions. See Louisiana Children's Code 1552
- Declaration: means a written and witnessed document voluntarily made by the declarant, authorizing the withholding or withdrawal of life-sustaining procedures for a child, in accordance with the requirements of this Chapter. See Louisiana Children's Code 1552
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Terminal and irreversible condition: means a condition, injury, disease, or illness which, within reasonable medical judgment, would produce death and for which the application of a life-support system would serve only to postpone the moment of death. See Louisiana Children's Code 1552
A. At any time, a parent or guardian may make a written declaration directing the withholding or withdrawal of life-sustaining procedures for his child in the event the child should have a terminal and irreversible condition.
B. The declaration shall be signed by the parent or guardian in the presence of two witnesses.
C. It shall be the responsibility of the parent or guardian to notify the child’s attending physician that a declaration has been made.
D. Any attending physician who is so notified shall promptly make the declaration or copy of the declaration a part of the child’s medical record.
E. Nothing in this Article shall be construed to require the making of a declaration for a terminally ill minor. The legislature intends that the provisions of this Chapter are permissive and voluntary. The legislature further intends that the making of a declaration pursuant to this Chapter merely illustrates a means of documenting the decision relative to withholding or withdrawal of medical treatment or life-sustaining procedures by a parent or guardian on behalf of his child.
F. The declaration may but need not be in the following illustrative form and may include other specific directions:
“DECLARATION
Declaration made this _____ day of ______________ (month, year)
I, _______________, being of sound mind, willfully and voluntarily make known my desire that the death of my dying child, __________________________________, shall not be artificially prolonged under the circumstances set forth below and do hereby declare:
Because my child has an incurable condition, injury, disease, or illness certified to be terminal and irreversible by two physicians who have personally examined my child, one of whom is his attending physician, and the physicians have determined that my child’s death will occur whether or not life-sustaining procedures are utilized and that the application of life-sustaining procedures will serve only to prolong artificially the dying process, I direct that such procedures be withheld or withdrawn and that my child be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide him with comfort care.
I understand the full import of this declaration, and I am emotionally and mentally competent to make this declaration on behalf of my child.
Signed _________________________
City, Parish, and State of Residence ______________________
The declarant has been personally known to me and I believe him or her to be of sound mind.
___________________________
Witness
___________________________
Witness”
Acts 1991, No. 235, §15, eff. Jan. 1, 1992.