Legal Question in Wills and Trusts in Louisiana

Living Will and Last Will and Testament

I have a living will with two people designated to carry out my final wishes. Can these same two people be in my last will and testament and still handle my request by representing me in my living will? I was told that living will witnesses can not be left in my last will and testament as they can profit from my death. These two people are not witnesses, they are appointed by myself to carry out my wishes if I can not. Thank you for your assitance.


Asked on 3/28/05, 12:23 pm

1 Answer from Attorneys

James Maguire James G. Maguire, Attorney At Law

Re: Living Will and Last Will and Testament

In a living will, YOU express your wishes regarding the use of life-sustaining procedures. The witnesses must be people who are not related to you by blood or marriage, and who will not inherit from you.

In a power of attorney, you can designate others to make healthcare decisions for you, including the use of life-sustaining procedures.

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Answered on 3/28/05, 12:33 pm


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