Louisiana Revised Statutes 40:1151.3 – A. A declaration 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:
Terms Used In Louisiana Revised Statutes 40:1151.3
- Attending physician: means the physician who has primary responsibility for the treatment and care of the patient. See Louisiana Revised Statutes 40:1151.1
- Declarant: means a person who has executed a declaration as defined herein. See Louisiana Revised Statutes 40:1151.1
- Declaration: means a witnessed document, statement, or expression voluntarily made by the declarant, authorizing the withholding or withdrawal of life-sustaining procedures, in accordance with the requirements of this Subpart. See Louisiana Revised Statutes 40:1151.1
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Physician: means a physician or surgeon licensed by the Louisiana State Board of Medical Examiners or by the official licensing authority of another state. See Louisiana Revised Statutes 40:1151.1
A. A declaration 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)(a) By a written revocation of the declarant expressing the intent to revoke, signed and dated by the declarant.
(b) The attending physician shall record in the patient’s medical record the time and date when notification of the written revocation was received.
(3)(a) By an oral or nonverbal expression by the declarant of the intent to revoke the declaration.
(b) Such revocation by any method enumerated in this Section shall become effective upon communication to the attending physician.
(c) The attending physician shall record in the patient’s medical records the time and date when notification of the revocation was received.
B. A declaration registered with the secretary of state’s office may be revoked by the filing of a written notice of revocation in that office. The secretary of state shall indicate on the declaration the date and time the notice of revocation was received in his office. Until the notation has been indicated on the declaration, any physician or health care facility acting in good faith may rely upon the validity of the declaration.
Acts 1984, No. 382, §1; Acts 1985, No. 187, §1, eff. July 6, 1985; Acts 1991, No. 194, §1; Redesignated from La. Rev. Stat. 40:1299.58.4 by HCR 84 of 2015 R.S.