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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012 ENROLLED
SENATE BILL NO. 114
BY SENATOR MILLS
AN ACT1
To amend and reenact R.S. 40:1299.58.5(A)(2)(a) and (b) and (3), relative to declarations2
concerning medical procedures; to provide with respect to the order of priority for3
the procedure for making a declaration for a qualified patient who has not previously4
made a declaration; to provide for voting number when the class involves multiple5
persons; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 40:1299.58.5(A)(2)(a) and (b) and (3) are hereby amended and8
reenacted to read as follows: 9
ยง1299.58.5. Procedure for making a declaration for a qualified patient who has not10
previously made a declaration11
A.(1) * * *12
(2) When a comatose or incompetent person or a person who is physically13
or mentally incapable of communication has been certified as a qualified patient and14
has not previously made a declaration, any of the following individuals in the15
following order of priority, if there is no individual in a prior class who is reasonably16
available, willing, and competent to act, may make a declaration on the qualified17
patient's behalf:18
(a) Any person or persons previously designated by the patient, while an19
adult, by written instrument signed by the patient in the presence of at least two20
witnesses, to have the authority to make a declaration for the patient in the event of21
the patient's inability to do so. If the instrument so authorizes more than one person,22
it may include the order in which the persons designated shall have authority to make23
the declaration. The judicially appointed tutor or curator of the patient if one24
has been appointed. This Subparagraph shall not be construed to require such25
appointment in order that a declaration can be made under this Section.26
ACT No. 353 SB NO. 114 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(b) The judicially appointed tutor or curator of the patient if one has been1
appointed. This Subparagraph shall not be construed to require such appointment2
in order that a declaration can be made under this Section. Any person or persons3
previously designated by an adult patient by written instrument signed by the4
patient in the presence of at least two witnesses, to have the authority to make5
a declaration for the patient in the event of the patient's inability to do so. If the6
instrument so authorizes more than one person, it may include the order in7
which the persons designated shall have authority to make the declaration.8
* * *9
(3) If there is more than one person within the above named class in10
Subparagraphs (2)(d) through (2)(g) of this Subsection, then the declaration shall11
be made by all a majority of that class available for consultation upon good faith12
efforts to secure participation of all of that class.13
* * *14
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: