§ 28:224 — Execution of advance directive; witnesses; psychiatric examination

§224. Execution of advance directive; witnesses; psychiatric examination
A. An advance directive for behavioral health treatment shall be valid only if it is
signed by the principal and two competent witnesses and accompanied by a written
psychiatric examination performed by a physician or psychologist attesting to the principal's
ability to make reasoned decisions concerning his behavioral health treatment. The witnesses
shall attest that the principal is known to them, signed the advance directive in their presence,
and does not appear to be unable to make reasoned decisions concerning his behavioral
health treatment or under duress, fraud, or undue influence. Individuals specified in R.S.
28:234 may not act as witnesses.
B. In determining the principal's ability, the physician or psychologist should
consider all of the following:
(1) Whether the principal demonstrates an awareness of the nature of his illness and
situation.
(2) Whether the principal demonstrates an understanding of treatment and the risks,
benefits, and alternatives.
(3) Whether the principal communicates a clear choice regarding treatment that is a
reasoned one, even though it may not be in the person's best interest.

Legislative History

Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.