Louisiana § RS 28:227 - Scope of authority of representative; powers and duties; limitation on liability
Full text of Louisiana Louisiana Civil Code § RS 28:227 — Scope of authority of representative; powers and duties; limitation on liability, with citation guidance and answers to common questions.
§ RS 28:227. Scope of authority of representative; powers and duties; limitation on liability
A. The representative shall not have the authority to make behavioral health treatment decisions unless the principal is determined to be incapable as provided in R.S. 28:226.
B. The representative shall not be, as a result of acting in that capacity, personally liable for the cost of treatment provided to the principal.
C. Except to the extent the right is limited by the advance directive or any state or federal law, a representative shall have the same right as the principal to receive information regarding both proposed and administered behavioral health treatment and to receive, review, and consent to disclosure or use of medical records relating to that treatment. This representative's right of access to the principal's behavioral health treatment information shall not waive any evidentiary privilege.
D. In exercising authority under the advance directive, the representative shall act consistently with the expressed desires of the principal. If the principal's desires are not expressed in the advance directive and not otherwise known by the representative, the representative shall act in what the representative in good faith believes to be the best interests of the principal.
E. A representative shall not be subject to criminal prosecution, civil liability, or professional disciplinary action for any action taken in good faith pursuant to an advance directive for behavioral health treatment.
Acts 2001, No. 755, §1; Acts 2017, No. 369, §2.
Source: official Louisiana text · Last verified 2026-08-27
Frequently Asked Questions About Louisiana § RS 28:227
What does Louisiana Civil Code § RS 28:227 cover?
Section RS 28:227 ("Scope of authority of representative; powers and duties; limitation on liability") is part of the Louisiana Civil Code, the codified statutory law of Louisiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Louisiana § RS 28:227?
A common citation format is "Louisiana Civil Code § RS 28:227" (Louisiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Louisiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Louisiana official source linked on this page or consult a licensed Louisiana attorney.
How does Louisiana § RS 28:227 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Louisiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Louisiana.