Kentucky Advance Directive Form [PDF]

A Kentucky advance (health care) directive is a vital component of advance care planning, as it outlines a person's preferences for medical care, especially regarding end-of-life decisions that apply in terminal situations.

An advance directive form can include:

Living will. A document where a person specifies the medical treatments they do or do not want to undergo in certain circumstances.
Designation of health care surrogate. If created before July 15, 1994, these healthcare advance directives may also serve individuals to appoint someone to make medical decisions on their behalf if they become incapacitated (often referred to as durable medical power of attorney).

Signing Requirements for Kentucky Advance Health Care Directive

An advance directive is valid and legally enforceable under the following conditions stated in Section 311.625 (2, 3, 4) of the Kentucky Revised Statute:

Signing Requirements for Kentucky

The advance directive must be in writing.
The document must be dated and signed by the grantor (the person making the directive) or at the grantor's direction.
There must be two or more adult witnesses who are present at the time of signing the document or acknowledged before a notary public (or another person authorized to administer oaths).

The witnesses or notary cannot be:

A blood relative of the grantor
A beneficiary under the grantor's estate
An employee of a healthcare facility where the grantor is a patient (unless they are also a notary)
The attending physician of the grantor, or
Any person who is directly financially responsible for the grantor's healthcare

Additionally, employees, owners, directors, or officers of the healthcare facility where the grantor is a resident or patient cannot serve as surrogates. However, exceptions apply if they are related to the grantor within the fourth degree of consanguinity or affinity or are members of the same religious or fraternal orders.

Kentucky Advance Health Care Directive Revocation & Changing

A Kentucky advance directive becomes effective only when a person is no longer able to make their own medical decisions, which typically happens if they are incapacitated due to illness or injury.

According to Section 311.627, an individual can revoke an advance directive for health care by signing and dating a written statement declaring their intention to do so. Additionally, they can verbally express their intent to revoke a health care advance directive in front of two adults, one of whom is a health care provider. Another way to revoke an advance directive is by destroying the document.

Once revoked, it takes effect immediately, but the doctors or health care facilities don’t have to act on it until they are notified. When they receive notice of the revocation, they will record the time, date, and place of the revocation in the individual’s medical record.

Additional Legal Considerations for Kentucky Advance Health Care Directive

As stated in Section 311.637, withholding life-prolonging treatments or nutrition does not count as suicide, and these decisions don’t impact life insurance policies. Importantly, no one can be forced to create an advance directive to receive medical treatment.

There are also treatments that are not in accordance with Kentucky law and accepted medical practice, such as experimental treatments or euthanasia. So, if they are part of an existing advance directive, they will be invalid, but this will not affect the rest of the directive.

How to Choose a Health Care Agent in Kentucky

When choosing a Kentucky health care proxy, you should select someone you trust to make medical decisions in your best interest. This person must be at least 18 years old and of sound mind. A suitable option would be a close family member, attorney, or friend who understands your values and is willing to carry out your health care preferences.

What Happens if You Don’t Have an Advance Directive in Kentucky?

If you don’t have an advance directive in Kentucky, specific individuals are authorized to make health care decisions on your behalf. The order of authority begins with a court-appointed guardian and continues to an attorney-in-fact, a spouse, adult children, parents, and nearest living relatives, according to Section 311.631.

Even in such cases, all decisions made must be documented in the patient’s medical records and should reflect the patient’s best interests.

However, the lack of an advance directive can lead to uncertainty, as there is no guarantee that family members or guardians fully understand your wishes. While these individuals want what is best for your health, their choices might not align with your preferences.

Therefore, make things easier for your family and yourself by creating an advance directive that clearly outlines your wishes.