Louisiana Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in Louisiana who cannot decide: an agent, a guardian, or Louisiana's default surrogate order. Runs in your browser; nothing is stored.

Louisiana law checked against official sources on October 26, 2026.

Everything you enter stays in your browser. Nothing is sent, saved, or added to the page address. No names are asked for.

What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Louisiana

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

Louisiana's default surrogate order

  1. Court-appointed tutor or curator (If one has been appointed)
  2. Agent under a valid mandate that specifically authorizes health care decisions
  3. Spouse not judicially separated
  4. An adult child
  5. A parent
  6. A sibling
  7. Other ascendants or descendants (for example grandparents or grandchildren)
  8. An adult friend who signs the facility's acknowledgment form (Only if no one in ranks 1-7 above is available)
What it covers
Listed persons may consent to any surgical or medical treatment or procedure a licensed physician recommends.
If more than one person is in the same group
If more than one person is in a class, a majority of those available for consultation gives consent.
If nobody on the list is available
If no listed person is reasonably available, the attending physician may proceed after documenting the facts and getting confirmation from a second physician who examines the patient.
Who decides the person cannot decide
The listed persons act when the patient cannot consent; the section does not name who determines this beyond the attending physician's documentation duties.
Limits
  • Before using the physician fallback, the physician must document efforts to find authorized persons, including checking the Secretary of State's Living Will Registry.

Source: La. R.S. 40:1159.4 · Checked October 26, 2026

Narrower laws in this state

  • La. R.S. 40:1151.4: A separate ranked list (tutor or curator, a person the patient designated in writing, spouse, adult child, parents, sibling, other ascendants or descendants) who may make a life-sustaining procedures declaration for a qualified patient.

Next steps

Who decides in Louisiana without a power of attorney?

Louisiana's default surrogate law (La. R.S. 40:1159.4) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse not judicially separated.

Louisiana's default surrogate law in full

Louisiana's default surrogate order

  1. Court-appointed tutor or curator (If one has been appointed)
  2. Agent under a valid mandate that specifically authorizes health care decisions
  3. Spouse not judicially separated
  4. An adult child
  5. A parent
  6. A sibling
  7. Other ascendants or descendants (for example grandparents or grandchildren)
  8. An adult friend who signs the facility's acknowledgment form (Only if no one in ranks 1-7 above is available)
What it covers
Listed persons may consent to any surgical or medical treatment or procedure a licensed physician recommends.
If more than one person is in the same group
If more than one person is in a class, a majority of those available for consultation gives consent.
If nobody on the list is available
If no listed person is reasonably available, the attending physician may proceed after documenting the facts and getting confirmation from a second physician who examines the patient.
Who decides the person cannot decide
The listed persons act when the patient cannot consent; the section does not name who determines this beyond the attending physician's documentation duties.
Limits
  • Before using the physician fallback, the physician must document efforts to find authorized persons, including checking the Secretary of State's Living Will Registry.

Source: La. R.S. 40:1159.4 · Checked October 26, 2026

Narrower laws in this state

  • La. R.S. 40:1151.4: A separate ranked list (tutor or curator, a person the patient designated in writing, spouse, adult child, parents, sibling, other ascendants or descendants) who may make a life-sustaining procedures declaration for a qualified patient.

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in Louisiana if there is no power of attorney?

Louisiana's default surrogate law (La. R.S. 40:1159.4) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse not judicially separated. The full order, tie rule and limits are in La. R.S. 40:1159.4.

Does next of kin in Louisiana have authority over money?

No default surrogate law covers money. In Louisiana, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

Louisiana law checked against the official text on October 26, 2026.

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