Louisiana

Overview

Louisiana passed legislation recognizing supported decision-making as a less restrictive to guardianship (in Louisiana, “interdiction”), which became effective on August 1st, 2020. Louisiana also has a statute that recognizes supported decision-making as an auxiliary aid and service for transplant patients with disabilities (effective May 30, 2019). We are not aware of any case law denying petitions for guardianship in favor of supported decision-making or applying the recent supported decision-making statutes in LA.

Guardianship Laws

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La. Rev. Stat. Ann §§ 9:1021 to 1034; 13:3421 to 3445; La. Code. Civ. Proc. Ann. Art. 2542 to 4569

Supported Decision-Making

Supported Decision-Making Statute

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Supported Decision-Making Statute, may also be cited as the Dustin Gary Act:

Description: This Act legally recognizes and encourages the use of SDM as a less-restrictive alternative to guardianship (interdiction) for adults with disabilities.
Status: Signed by Governor on June 11, 2020. Effective on August 1, 2020.
La. Rev. Stat. §§ 13:4261.101–4261.302 (2020)

Link to LA Code: http://legis.la.gov/legis/Law.aspx?d=1187154
Link to Enacted Bill: legis.la.gov/Legis/ViewDocument.aspx?d=1182333

Anti-Discrimination in Organ Transplants (includes SDM):

Description: These sections prohibit discrimination on the basis of disability in organ donation and identify SDM as an auxiliary aid and service for transplant patients with disabilities.
La. Rev. Stat. §§ 17:2353(M), 22:1023.1, 40:1170.1–1170.4 (2019).

Link to LA Code sections:

http://legis.la.gov/legis/Law.aspx?d=80333
http://legis.la.gov/legis/Law.aspx?d=1148102
http://legis.la.gov/legis/Law.aspx?d=1147553

Link to Enacted Bill: legis.la.gov/legis/BillInfo.aspx?s=19RS&b=HB143&sbi=y

State Legislation

Enacted

H.B. 361, 2020 Reg. Leg. Sess. (La. 2020)
- Description: Provides for SDM Agreements and requires petitioners seeking interdiction to, among other things, describe with particularity why less restrictive means are insufficient to meet the needs of the person.
- Status: Signed by Governor on June 11, 2020. Effective on August 1, 2020.
- Public Link legis.la.gov/Legis/ViewDocument.aspx?d=1182333]
H.B. 143, 2019 Reg. Leg. Sess. (La. 2019)
- Description: Prohibits discrimination against people based on disability in the medical context of organ transplantation and identifies SDM services as auxiliary aids and services.
- Status: Effective date May 30, 2019
- Public Link [legis.la.gov/legis/BillInfo.aspx?s=19RS&b=HB143&sbi=y]