Kentucky Living Will Directive


Kentucky living will directive empowers a designated health care surrogate (agent) to make medical decisions or communicate wishes for the individual creating the directive (grantor). The form becomes active only when the individual who completed it becomes incapacitated or passes away. The grantor must be mentally competent when signing and recording their medical wishes. The information must include their preferences for life-sustaining treatments and donating organs, tissues, and eyes. 

The document also serves as a medical power of attorney by authorizing the agent to make decisions about the grantor’s treatment, medications, and surgical interventions. It can also include making critical end-of-life decisions or choosing living arrangements. For example, the agent may need to end life support or place the grantor in an assisted living facility, in-home healthcare, a nursing home, or another long-term care setting. 

The living will directive takes effect if the grantor:

  • Cannot communicate their wishes because they are under general anesthesia;
  • Suffers from an illness, such as a stroke, that renders them unable to communicate;
  • Experiences an accident resulting in a coma or unconscious state; and/or
  • Receives an Alzheimer’s disease or dementia diagnosis, affecting their decision-making capacity. 

State laws: §§ 311.621 to 311.643

Signing requirements (§ 311.625(2)): The grantor’s signature must be witnessed by two (2) witnesses and acknowledged before a Notary Public.