Louisiana Revised Statutes 28:223 – Designation of representative for decisions about behavioral health treatment
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Terms Used In Louisiana Revised Statutes 28:223
- advance directive: means a written document voluntarily executed by a principal in accordance with the requirements of this Part and includes a declaration or the appointment of a representative or both. See Louisiana Revised Statutes 28:221
- Behavioral health: is a term used to refer to both mental health and substance use. See Louisiana Revised Statutes 28:2
- Behavioral health treatment: means treatment of mental illness with psychotropic medication, admission to and retention in a treatment facility, or outpatient services. See Louisiana Revised Statutes 28:221
- declaration: means a written document executed by a principal, in accordance with the requirements of this Part, setting forth preferences or instructions regarding behavioral health treatment in the event the principal is determined to be incapable and behavioral health treatment is necessary. See Louisiana Revised Statutes 28:221
- Incapable: means that, due to any infirmity, the principal is currently unable to make or to communicate reasoned decisions regarding the principal's behavioral health treatment. See Louisiana Revised Statutes 28:221
- Principal: means an individual who has executed an advance directive for behavioral health treatment. See Louisiana Revised Statutes 28:221
- Representative: means a competent adult validly appointed under Louisiana Revised Statutes 28:221
- Treatment: means an active effort to accomplish an improvement in the mental condition or behavior of a patient or to prevent deterioration in his condition or behavior. See Louisiana Revised Statutes 28:2
An advance directive for behavioral health treatment may designate a competent adult to act as a representative to make decisions about behavioral health treatment. An alternative representative may also be designated to act as representative if the original designee is unable or unwilling to act at any time. A representative who has accepted the appointment in writing may make decisions about behavioral health treatment on behalf of the principal only when the principal is determined to be incapable pursuant to La. Rev. Stat. 28:226. The decisions shall be consistent with any desires the principal has expressed in the declaration.
Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.