What can do a Durable Medical Mandate do?
Imagine you’re concerned about who would make medical decisions for you if you were ever unable to do so yourself due to illness or injury. In Louisiana, you can set up a Durable Medical Mandate to address this concern.
Key Points:
- What It Is: It’s a legal document where you appoint someone you trust (called the mandatary) to make healthcare decisions on your behalf if you’re unable to do so.
- How to Set It Up:
- Write down your wishes and specify the authority you’re granting.
- Sign the document in front of a notary public and two witnesses to make it official.
- Include a statement that says this authority remains valid even if you become incapacitated.
- What It Covers: The person you appoint can make various healthcare decisions for you, such as approving medical treatments, choosing healthcare facilities, accessing your medical records, and making end-of-life care choices based on your preferences.
- When It Ends: This arrangement stays in place until you decide to cancel it, a specific condition you’ve set is met, you pass away, or the person you’ve appointed can no longer serve, and there’s no backup designated.
In simple terms, a Durable Medical Mandate ensures that someone you trust can speak for you regarding your healthcare if you’re ever unable to express your wishes, providing peace of mind that your medical care aligns with your preferences.
In Louisiana, a Durable Medical Mandate, also known as a durable power of attorney for healthcare, is a legal instrument that authorizes a designated individual (mandatary) to make healthcare decisions on behalf of another person (principal) in the event the principal becomes incapacitated and unable to make such decisions independently. This mandate ensures that medical choices align with the principal’s preferences, even when they cannot communicate their wishes.
Framework
The concept of mandate in Louisiana is defined under Louisiana Civil Code Article 2989, which states:
“A mandate is a contract by which a person, the principal, confers authority on another person, the mandatary, to transact one or more affairs for the principal.”
For a mandate to include healthcare decisions, Louisiana Civil Code Article 2997(6) requires that such authority be expressly granted:
“Authority also must be given expressly to: … (6) Make health care decisions, such as surgery, medical expenses, nursing home residency, and medication.”
Furthermore, Louisiana Civil Code Article 3026 addresses the durability of a mandate:
“The principal may provide that the mandate is to remain in effect notwithstanding the principal’s incapacity.”
This provision allows the mandate to persist even if the principal becomes incapacitated, ensuring continuous authority of the mandatary.
Execution Requirements
To establish a Durable Medical Mandate in Louisiana, the following steps are typically undertaken:
- Written Document: The mandate must be documented in writing, clearly outlining the healthcare powers granted to the mandatary.
- Express Authority: The document must explicitly state the mandatary’s authority to make healthcare decisions on behalf of the principal.
- Signatures and Formalities: The principal must sign the document in the presence of a notary public and two witnesses, adhering to the formalities required for authentic acts in Louisiana.
- Durability Clause: The mandate should include a clause specifying that it remains effective despite the principal’s subsequent incapacity.
Scope of Authority
A Durable Medical Mandate can encompass a wide range of healthcare decisions, including but not limited to:
- Consent to or refusal of medical treatments or procedures.
- Admission to or discharge from healthcare facilities, such as hospitals or nursing homes.
- Access to medical records and the authority to disclose them as necessary.
- Decisions regarding end-of-life care, including life-sustaining treatments.
Termination
The Durable Medical Mandate remains in effect until:
- The principal revokes it.
- A specified termination date or condition occurs, if outlined in the mandate.
- The principal passes away.
- The mandatary withdraws or is unable to fulfill their duties, and no successor is designated.
Note: This explanation is for informational purposes only and does not constitute legal advice. For specific legal concerns, consult with a qualified attorney.
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