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Health Care Power of Attorney Requirements in Louisiana

In Louisiana, a medical power of attorney is a mandate that must expressly authorize health care decisions, and the Civil Code sets no particular form, so no witnesses or notary are required for it; a living will declaration naming a decision maker needs two witnesses.

Last checked . General information, not legal advice.

Louisiana at a glance

Document name
Mandate (power of attorney) for health care decisions
Authority to make health care decisions must be given expressly in the mandate. A living will declaration may also designate a person to make treatment decisions.
Witnesses
None for a mandate (2 for a living will declaration)
Civil Code art. 2993 says a mandate needs no particular form. A written living will declaration under La. R.S. 40:1151.2 must be signed before two witnesses.
Notary required
No
Neither Civil Code art. 2993 nor La. R.S. 40:1151.2 requires notarization.
Who cannot witness
Declaration witnesses: no relatives or heirs
For a living will declaration, a witness must be an adult not related by blood or marriage and not entitled to any part of the estate. No witness rules apply to a mandate.

Sources

Last checked

The rules in Louisiana

What is a health care power of attorney called in Louisiana?

Document name in Louisiana: Mandate (power of attorney) for health care decisions. Authority to make health care decisions must be given expressly in the mandate. A living will declaration may also designate a person to make treatment decisions.

How many witnesses does a health care power of attorney need in Louisiana?

Witnesses in Louisiana: None for a mandate (2 for a living will declaration). Civil Code art. 2993 says a mandate needs no particular form. A written living will declaration under La. R.S. 40:1151.2 must be signed before two witnesses.

Does a health care power of attorney have to be notarized in Louisiana?

No. Notary required in Louisiana: no. Neither Civil Code art. 2993 nor La. R.S. 40:1151.2 requires notarization.

Who cannot witness a health care power of attorney in Louisiana?

Who cannot witness in Louisiana: Declaration witnesses: no relatives or heirs. For a living will declaration, a witness must be an adult not related by blood or marriage and not entitled to any part of the estate. No witness rules apply to a mandate.

Where do the Louisiana health care power of attorney requirements come from?

The rules above come from La. Civ. Code art. 2993, La. Civ. Code art. 2997, La. R.S. 40:1151.1 and La. R.S. 40:1151.2. Each source is linked on this page. We last checked them in October 2026.

Good to know

The definitions section for living will declarations, La. R.S. 40:1151.1, was amended by Acts 2025, No. 342; the witness definition shown on the official page is unchanged in substance.

What this means in practice

Follow the signing rules of the state where you live when you sign. If you spend a lot of time in another state, check whether that state honors documents signed elsewhere, and consider signing a version that also meets its rules.

Choose witnesses before the signing day. Witness rules often exclude the agent you are naming and may also exclude relatives, people who would inherit from you, or staff of a health care provider or facility caring for you. Using two unrelated adults avoids most problems.

Give copies of the signed document to your agent, any alternate agent and your doctors, and keep the original where it can be found quickly. If you later change your mind, revoke the old document in writing and tell everyone who has a copy.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.