Why Work With Buhrer Law Firm?
We focus on clear, legally sound documents with direct attorney involvement from start to finish. When you work with our firm, you work directly with R. Scott Buhrer, who brings nearly four decades of Louisiana estate planning experience to each matter.
- AV Preeminent rating from Martindale-Hubbell
- Appointed as a Special Master by Louisiana courts
- Tulane-educated attorney with both a JD and MBA
- Extensive experience preparing advance healthcare directives and coordinating them with broader estate plans
- Metairie-based firm serving New Orleans, Jefferson Parish, and the surrounding areas
What Is an Advance Healthcare Directive in Louisiana?
In Louisiana, an advance healthcare directive includes documents that address your medical care if you cannot communicate your wishes. These typically include a living will and a medical mandate.
A living will allows you to state your preferences for medical treatment, including:
- Life-sustaining treatment
- Artificial nutrition and hydration
- Pain management and comfort care
- Other instructions about your care
A medical mandate allows you to appoint a healthcare agent to make medical decisions on your behalf if you are unable to do so. In other states, this may be called a healthcare power of attorney.
These documents work together. Your living will provides written instructions, and your healthcare agent can make decisions in situations not specifically addressed.
What Happens If You Do Not Have an Advance Directive?
Without a directive, medical decisions may fall to family members or require court involvement. Louisiana law sets a default order of surrogate decision-makers, but that person may not be who you would choose.
This can lead to delays, disagreements, or decisions that do not reflect your preferences. A written directive provides clear guidance for both your family and your medical providers.
When Should You Create an Advance Healthcare Directive?
An advance healthcare directive can be useful at any stage of life.
You may want to create one if:
- You want control over future medical decisions
- You are planning for a procedure or managing a condition
- You want to reduce the risk of family disputes
- You are updating or building an estate plan
Putting instructions in place early allows your preferences to guide care without delay.
How Does a Healthcare Agent Work?
A healthcare agent is someone you choose to make medical decisions if you cannot. This authority is granted through a medical mandate, which names your healthcare agent.
Your agent can:
- Communicate with medical providers
- Approve or decline treatment based on your instructions
- Access relevant medical information
- Act consistently with your stated preferences
Choosing the right person is important. They should understand your values and be willing to act on them when needed.
What Makes an Advance Healthcare Directive Valid in Louisiana?
Louisiana law, including provisions such as La. R.S. 40:1151.1, requires specific formalities for an advance healthcare directive to be recognized.
In most cases, the document must:
- Be in writing
- Be signed and dated
- Be executed with two witnesses
While a notary is not required, having the document notarized can strengthen its reliability and help avoid questions about its validity.
The way the document is written will determine how it works in real situations. Clear drafting and proper execution help reduce confusion or disputes.
Can You Change or Revoke an Advance Directive?
Yes. You can update or revoke your directive at any time if you have the capacity to do so.
You can revoke it by:
- Signing a written revocation
- Destroying the document
- Informing your healthcare provider
It is a good idea to review your directive after major life or health changes.
How an Advance Healthcare Directive Fits Into Your Estate Plan
An advance healthcare directive works alongside other estate planning documents to address different types of decisions.
These may include:
- A financial power of attorney for financial matters
- A will or trust for asset distribution
- A medical mandate naming a healthcare agent
We help ensure these documents work together so your instructions remain consistent.
Speak With Our Metairie Advance Healthcare Directive Attorney
Putting your healthcare wishes in writing allows you to make decisions now that guide care later. Buhrer Law Firm works with clients in Metairie to prepare advance healthcare directives that reflect their preferences and comply with Louisiana law. Contact us to discuss your situation and put a clear plan in place.
Frequently Asked Questions
Do I need both a living will and a medical mandate?
Yes. A living will outlines your treatment preferences, while a medical mandate allows someone to make decisions in situations not specifically addressed.
What is the difference between an advance directive and a DNR?
A DNR is a physician’s order about resuscitation. An advance directive is a broader legal document covering overall treatment preferences.
Will my directive be valid in another state?
Many states recognize out-of-state directives, but rules vary. Additional planning may help ensure it is honored.