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5/20/2015

Living Will

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A Living Will is a witnessed document, statement or expression voluntarily made with instructions that explain your wishes for healthcare if you have a terminal and irreversible condition or are in a continual profound comatose state.

When you are not able to tell your family, caregiver, or healthcare provider about your healthcare wishes, you may not receive the kind of care you want.  If you cannot make healthcare decisions, your family members or caregivers will make these decisions.  Making healthcare decisions can be very stressful for a family.  There may be confusion about your wishes and disagreements among family members.  It is best to state your wishes for care while you are healthy and able to do so. 

As an adult (18 years or older) you can, at any time, write wishes and instructions for your family, caregivers, and all healthcare providers. However, the following guidelines are important: 

  • You must sign the written statement in front of two witnesses.  The witnesses must also sign.
  • The witnesses must be competent adults who know you personally, are not related to you by blood or marriage, and are not entitled to any part of your estate at the time of your death.
  • Witnesses CANNOT be your attending physician or any employee of the attending physician 
  • Witnesses CANNOT be another patient in the hospital, as that patient could be on pain medications which may interfere with his/her competency 
  • Witnesses CANNOT be an employee of the hospital, (i.e., your nurse, housekeeping, etc.)


If you haven't looked into having a Living Will prepared on your behalf, I recommend doing so as soon as possible.  Don't wait until you HAVE to have something in place as it relates to your healthcare.  Things happen quickly and usually without warning.   It's always best to have this document and NOT need it versus needing it and NOT having it already prepared. 

Louisiana notaries are empowered and authorized to prepare and to notarize this document on your behalf.  We have the expertise to tailor it to your specific needs and wishes while at the same time adhering to Louisiana law. 

As I always state, there is no need to seek an attorney unless your are requesting legal advice, a legal opinion, or will be appearing before a judge.  Otherwise, a notary is perfectly capable of providing you with perfectly prepared legal documents without having to pay those outstanding attorney fees. 



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    All Posts Written by: Shannon Barnes

    Shannon Barnes is a Louisiana civil law notary, having statewide jurisdiction and over 25 years of legal experience. This blog is designed to provide knowledge and information not ordinarily obtained through conventional means. 

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