Kentucky Living Will Directive
A Kentucky living will directive gives an agent (the health care surrogate) the ability to make decisions for an individual (the grantor) or convey their medical wishes to a physician. This document only goes into effect if the grantor passes away or becomes incapacitated. The grantor, who must be of sound mind, has the responsibility of including their wishes in the document. The physician must follow the directions provided by the grantor, which concern nourishment and fluids or surrogate of best interest (i.e., organ, tissue, eye donation).
Since this form is also a medical power of attorney, it gives the agent the ability to make treatment, medication, and surgery decisions for the principal. The assigned person may be responsible for end-of-life choices or determining the principal’s living situation (i.e., home healthcare, assisted living, nursing homes, and residential long-term care). The form goes into effect should the principal:
- Undergo general anesthesia;
- Endure an illness that leaves them unable to communicate (e.g., stroke);
- Be involved in an accident that leaves them in a comatose or unconscious state; and/or
- Receive an Alzheimer’s or dementia diagnosis that interferes with their ability to make sound choices.
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.