§ 40:1151.5 — Making a declaration for the benefit of a terminally ill minor

Louisiana § 40:1151.5

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1151.5. Making a declaration for the benefit of a terminally ill minor
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.

Legislative History

Acts 1984, No. 382, §1; Acts 1985, No. 187, §1, eff. July 6, 1985; Redesignated from R.S. 40:1299.58.6 by HCR 84 of 2015 R.S.