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Based on the laws Louisiana, if a patient does not have a medical power of attorney,...

Based on the laws Louisiana, if a patient does not have a medical power of attorney, who are the next three people responsible to make medical decisions for the patient? – Cited references

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Expert Solution

quoting from Lousiana state Legislature official site (cite 1)

"Persons who may consent to surgical or medical treatment

            A. In addition to such other persons as may be authorized and empowered, any one of the following persons in the following order of priority, if there is no person in a prior class who is reasonably available, willing, and competent to act, is authorized and empowered to consent, either orally or otherwise, to any surgical or medical treatment or procedures including autopsy not prohibited by law which may be suggested, recommended, prescribed, or directed by a duly licensed physician:

            (1) Any adult, for himself.

            (2) The judicially appointed to tor or curator of the patient, if one has been appointed.

            (3) An agent acting pursuant to a valid mandate, specifically authorizing the agent to make health care decisions.

            (4) The patient's spouse not judicially separated.

            (5) An adult child of the patient.

            (6) Any parent, whether adult or minor, for his child.

            (7) The patient's sibling.

            (8) The patient's other ascendants or descendants.

            (9) Upon the inability of any adult to consent for himself and in the absence of any person listed in Paragraphs (2) through (8) of this Subsection, an adult friend of the patient. For purposes of this Subsection to consent, "adult friend" means an adult who has exhibited special care and concern for the patient, who is generally familiar with the patient's health care views and desires, and who is willing and able to become involved in the patient's health care decisions and to act in the patient's best interest. The adult friend shall sign and date an acknowledgment form provided by the hospital or other health care facility in which the patient is located for placement in the patient's records certifying that he or she meets such criteria"

citation 1 http://legis.la.gov/Legis/Law.aspx?d=964700

cite 2 DeMartino ES, Dudzinski DM, Doyle CK, et al. Who Decides When a Patient Can't? Statutes on Alternate Decision Makers. N Engl J Med. 2017;376(15):1478-1482. doi:10.1056/NEJMms1611497


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