According to Kentucky Code, any adult with decisional capacity may execute a Living Will Declaration governing the withholding or withdrawal of life sustaining treatment
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In your Living Will you make known you wishes regarding end of life decisions in case you are unable to make these decisions later due to your incapacity.
The Kentucky Living Will contains two parts: a Living Will itself, where you make known your current wishes regarding critical medical care in case you are unable to speak for yourself; and a Designation of a health care Surrogate part.
In Kentucky, any adult with decisional capacity may make a written Living Will Directive that does any or all of the following:
- Directs the withholding or withdrawal of life-prolonging treatment; or
- Directs the withholding or withdrawal of artificially provided nutrition or hydration; or
- Designates one (1) or more adults as a surrogate or successor surrogate to make health care decisions on behalf of the grantor. During any period in which two (2) or more surrogates are serving, all decisions shall be by unanimous consent of all the acting surrogates unless the advance directive provides otherwise; or
- Directs the giving of all or any part of the adult's body upon death for any purpose specified in KRS 311.185.
The Kentucky Living Will Declaration shall be in writing, dated, and signed by the grantor, or at the grantor's direction, and either witnessed by two (2) or more adults in the presence of the grantor and in the presence of each other, or acknowledged before a notary public.
None of the following shall be a witness to or serve as a notary public or other person authorized to administer oaths in regard to any advance directive made under this section:
- A blood relative of the grantor;
- A beneficiary of the grantor under descent and distribution statutes of the Commonwealth;
- An employee of a health care facility in which the grantor is a patient, unless the employee serves as a notary public;
- An attending physician of the grantor; or
- Any person directly financially responsible for the grantor's health care.
Among topics discussed in your Living Will are: need for artificial nutrition and hydration; authorizing your agent to make decisions on artificial nutrition and hydration; organ donation provision.
You may revoke your Kentucky Health Care Directive at any time.
If you revoke the Living Will, you should notify your surrogate, your health care providers and any other person to whom you have given a copy. If your surrogate is your spouse and your marriage is annulled or you are divorced after signing this document, the document is invalid.
If there is something you do not understand about this document you should consult an attorney.
Before signing this Kentucky Living Will you need to discuss your treatment with your physician in as many details as possible, and consider types of treatments that you want/do not want to be performed for you when you are unable to express your wishes because of your illness. Please make sure to state clearly particular treatments you want or do not want.
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To better understand the health care and pecuniary related issues our legal articles, frequently asked questions, facts and other law related information may be of interest to you.
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