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What is a Kentucky Living Will?

A Kentucky living will is known as an advance directive. It is used to instruct others on how you want your medical care handled if you are unable to make your own decisions. A Kentucky living will is additionally used to name a healthcare surrogate to make your medical decisions on your behalf. Your advance health care directive can give your appointed health care surrogate access to your medical records in order to be in a decisional capacity. Under state law, your healthcare surrogate cannot be an owner, operator, or employee of a healthcare facility where you are a resident or a patient (unless they are family members related to you more closely than first cousins once removed or if they are a member of your religion). A Kentucky living will directive can either be witnessed by two people and notarized by a notary public. Many living wills have a blood relative or a close friend as the healthcare surrogate. You are responsible, if capable, of informing the attending physician or health care provider of your advance directive if you are of sound mind at the time.

The grantor, or patient in the instance, has the right to decide what types of life-prolonging treatments the patient is allowing. It also directs the use of providing artificial nutrition or hydration the attending physician, or a healthcare provider, is allowed to use. You will appoint a healthcare surrogate to make health care decisions in the case of you are incapacitated.  It also directs the giving of any and all of the adult's body after death. A living will can be created by any person of sound mind over 18 years of age and understand the full import of this document and may obtain an advance health care directive for many different reasons. You may have a prior designation of a terminal condition, or you may want to have a plan in place in the event you are not in a decisional capacity.

Execution of this document allows you to express which medical treatments you as the patient are allowing or disallowing at any given time, such as, surgical treatments, the performance of any medical treatment, administration of medication, life support, tube feeding, the withdrawing of some medical procedures, use of life-sustaining treatment, or organ donation and the use of life as your "final expression of my legal right" and that you accept the consequences of the refusal for the medical treatment.

Kentucky Living Will Law

§ 311.623: Kentucky law, Kentucky Living Will Directive Act, concerning living wills may name the main healthcare surrogate designation and a successor who will take the place of the surrogate if you cannot make your own decisions concerning medical treatment. If there are two main surrogates named, they must provide unanimous consent for all decisions.

A Kentucky living will must the signature and address of the declarant who must be of sound mind on the appropriate line, as well as, having two witnesses, along with the address of each witness. The advance directive must be notarized by a notary public. The notary public cannot be a blood relative or beneficiary of the declarant, nor an employee serves in any capacity with the health care provider.  The website of the Attorney General offers a free living will packet as a free adobe pdf packet.

The purpose of a living will is to document how you want medical decisions in the absence of your ability to make medical decisions and authorize the withholding or withdrawal of medical treatment. You can use a Kentucky last will and testament to explain how you want your affairs handled at the end of your life. You should always consult Kentucky revised statutes, or KRS, for any and all updates made to living wills in your state.

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