Medical Power of Attorney in Kentucky

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.

An adult with decisional capacity may make a living will directive that can name a health care surrogate and state wishes about life-prolonging treatment and artificially provided nutrition and hydration. The statutory form is signed by the grantor in the joint presence of two witnesses, or acknowledged before a notary public or other authorized officer.

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 has a "Kentucky Statutory Form Power of Attorney" for property and finances under the Uniform Power of Attorney Act (KRS 457.420); it does not authorize health care decisions. A power of attorney must be signed by the principal, or by another person in the principal's conscious presence at the principal's direction (with the reason stated in the document); the signature is presumed genuine if acknowledged before a notary public or other person authorized to take acknowledgments (KRS 457.050). For health care, KRS 311.625 sets out a "Living Will Directive" form, which also lets you designate a health care surrogate. An advance directive must be in writing, dated and signed, and either witnessed by two or more adults in the presence of the grantor and each other or acknowledged before a notary public; a blood relative, a beneficiary under the intestacy statutes, an employee of the health care facility where the grantor is a patient (unless serving as notary), the attending physician, or anyone directly financially responsible for the grantor's care cannot serve as witness or notary.