Without the Kentucky advance health care directive you can not communicate your wishes to the doctor. Advance health care directives are not required, but it is highly recommended
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Kentucky law allows any competent adult may execute a document: health care power of attorney (designation of a surrogate) or living will declaration, directing that life-sustaining procedures be withheld or withdrawn |
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The Kentucky Advance Health Care Directive consists of a Living Will and a Power of Attorney for health care (also known as a designation of a Surrogate). You may use either of these forms. If you only want to appoint your health care Surrogate (Health Care Agent) and do not want to address “end of life” treatment now, you might consider signing a Health Care Power of Attorney. Or, you may issue a Living Will and appoint your Agent there. Before you start working on your Advance Directive you shall read the following important explanations: 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. In Kentucky, any adult with decisional capacity may make a written living will directive that does any or all of the following:
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:
In the Health Care Power of Attorney you designate your health care Agent and discuss the powers you grant to your Agent (Surrogate). Please note that no person, corporation, or governmental agency shall require or induce any person to execute a living will directive or to make a health care decision as a responsible party under Kentucky Revised Statutes 311.621 to 311.643 as a condition for a contract or for the provision of any service, medical treatment, or benefit. A surrogate designated pursuant to an advance directive may make health care decisions for the grantor which the grantor could make individually if he or she had decisional capacity, provided all the decisions shall be made in accordance with the desires of the grantor as indicated in the advance directive. When making any health care decision for the grantor, the surrogate shall consider the recommendation of the attending physician and honor the decision made by the grantor as expressed in the advance directive. You may limit the authority of your health care agent (Surrogate). The surrogate may not make a health care decision in any situation in which the grantor's attending physician has determined in good faith that the grantor has decisional capacity. The attending physician shall proceed as if there were no designation if the surrogate is unavailable or refuses to make a health care decision. Your health care surrogate may not admit or commit you to an institution for mental diseases, an intermediate care facility for the mentally retarded, a state treatment facility or a treatment facility. A person designated as a surrogate pursuant to an advance directive may resign at any time by giving written notice to the grantor; to the immediate successor surrogate, if any; to the attending physician; and to any health care facility which is then waiting for the surrogate to make a health care decision. An employee, owner, director, or officer of a health care facility where the grantor is a resident or patient shall not be designated or act as surrogate unless related to the grantor. A health care surrogate may authorize the withdrawal or withholding of artificially provided nutrition and hydration in the following circumstances:
The withholding or withdrawal of life-prolonging treatment or artificially-provided nutrition and hydration from a grantor in accordance with the provisions of Kentucky Revised Statutes 311.621 to 311.643 shall not, for any purpose, constitute a suicide. The making of an advance directive shall not affect in any manner the sale, procurement, or issuance of any policy of life insurance, nor shall it be considered to modify the terms of an existing policy of life insurance. Notwithstanding any term of the policy to the contrary, no policy of life insurance shall be legally impaired or invalidated in any manner by a health care decision made by a surrogate or responsible party or by the withholding or withdrawal from an insured patient any medical procedure or intervention which would serve only to prolong artificially the dying process. You may revoke your Kentucky Health Care Directive at any time. If you revoke the Kentucky Health Care Directive, 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 anything about these forms that you do not understand, you should ask a lawyer to explain it to you. |
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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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