Living Wills and Advance Directives in Kentucky

Kentucky has a statutory 'Living Will Directive' form. An adult with decisional capacity can use it to state wishes about life-prolonging treatment and artificially provided nutrition and hydration, name a health care surrogate, and address organ donation. The directive must be in writing, dated, and signed by the person (or at their direction), and either witnessed by two or more adults who sign in the person's presence and each other's, or acknowledged before a notary public. A blood relative, an heir, an attending physician, a person financially responsible for the person's care, or a health care facility employee (unless serving as notary) may not act as witness or notary.

Kentucky calls the health care agent a 'health care surrogate.' The surrogate is named on the same statutory Living Will Directive form, with a backup surrogate if desired, and makes health care decisions when the person no longer has decisional capacity. The same signing rules apply: two qualified adult witnesses or a notary. An employee, owner, director or officer of a health care facility where the person is a patient or resident cannot be the surrogate unless closely related or a member of the same religious or fraternal order. A surrogate may resign by written notice.