Terms Used In Louisiana Children's Code 1558

  • Attending physician: means the physician who has primary responsibility for the treatment and care of the child patient. See Louisiana Children's Code 1552
  • Child: means a person under eighteen years of age who has not been judicially emancipated under Civil Code Article 385 or emancipated by marriage under Civil Code Articles 379 through 384. See Louisiana Children's Code 1552
  • Declaration: means a written and witnessed document voluntarily made by the declarant, authorizing the withholding or withdrawal of life-sustaining procedures for a child, in accordance with the requirements of this Chapter. See Louisiana Children's Code 1552
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.

A.  A declaration by a parent or guardian pursuant to Article 1557 may be revoked at any time by the declarant without regard to his or her mental state or competency by any of the following methods:

(1)  By being cancelled, defaced, obliterated, burned, torn, or otherwise destroyed by the declarant or by some person in the presence of and at the direction of the declarant.

(2)  By a written revocation of the declarant expressing the intent to revoke, signed and dated by the declarant.

(3)  By an oral or nonverbal expression by the declarant of the intent to revoke the declaration.

B.  Such revocation by any method enumerated in Paragraph A of this Article shall become effective upon communication to the attending physician.

C.  The attending physician shall record in the child‘s medical records the time and date when notification of the revocation was received.

Acts 1991, No. 235, §15, eff. Jan. 1, 1992.