Louisiana Revised Statutes 40:1151.5 – Making a declaration for the benefit of a terminally ill minor
Terms Used In Louisiana Revised Statutes 40:1151.5
- Declaration: means a witnessed document, statement, or expression voluntarily made by the declarant, authorizing the withholding or withdrawal of life-sustaining procedures, in accordance with the requirements of this Subpart. See Louisiana Revised Statutes 40:1151.1
- 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.
- Minor: means a person under eighteen years of age. See Louisiana Revised Statutes 40:1151.1
- Qualified patient: means a patient diagnosed and certified in writing as having a terminal and irreversible condition by two physicians who have personally examined the patient, one of whom shall be the attending physician. See Louisiana Revised Statutes 40:1151.1
- Spouse: means a person who is legally married to the qualified patient but does not include a spouse who is judicially separated from the patient, is cohabited with another person in the manner of married persons, or who has been convicted of any crime of violence as defined in Louisiana Revised Statutes 40:1151.1
A. If a minor has been certified as a qualified patient, the following individuals may voluntarily make a declaration to document the decision relative to withholding or withdrawal of medical treatment or life-sustaining procedures on a minor’s behalf:
(1) The spouse if he has reached the age of majority; or
(2) If there is no spouse, or if the spouse is not available, or is a minor, or is otherwise unable to act, then either the parent or guardian of the minor.
B. An individual named in Subsection A of this Section may not make a declaration:
(1) If he has actual notice of contrary indications by the minor who is terminally ill; or
(2) If, as a parent or guardian, he has actual notice of opposition by either another parent, or guardian, or a spouse who has attained the age of majority.
C. Nothing in this Section shall be construed to require the making of a declaration for a terminally ill minor. The legislature intends that the provisions of this Subpart are permissive and voluntary. The legislature further intends that the making of a declaration pursuant to this Subpart merely illustrates a means of documenting the decision relative to withholding or withdrawal of medical treatment or life-sustaining procedures on behalf of a minor.
Acts 1984, No. 382, §1; Acts 1985, No. 187, §1, eff. July 6, 1985; Redesignated from La. Rev. Stat. 40:1299.58.6 by HCR 84 of 2015 R.S.