When a person chooses to make a Living Will, along with the Medical Power of Attorney, these two legal documents become an Advance Directive.
An Advance Directive may include your sign, names of witnesses, their signatures, etc. in adherence to your state’s requirements. Every state has different requirements to be followed. Some states ask for witnesses and notaries, others look for different criteria to be followed.
Likewise, some states consider Living Will and Advance Directive as different and separate documents, whereas others consider both documents the same. In some states, Living Will and Advance Directive are used interchangeably.
In this article, you will get a complete guide for making an Advance Directive for Healthcare in Kentucky.
Legal Requirements for a valid Advance Directive
- Written by the grantor/declarant (i.e. the maker of an Advance Directive): Yes
- Grantor must be:
- Above the age of 18 years: Yes
- Sound mind and memory: Yes
- Signed by the grantor: Yes
- Signed by Proxy/Agent: No
- Proxy/agent accepts his role in writing: No
- Witness required: Yes
- Number of witnesses: 2
- Signed by the witnesses: Yes
- Number of documents required: 1
- Other names for a Living Will in Kentucky: Healthcare Instructions
- Other names for a Healthcare Power of attorney in Kentucky: Appointment of Healthcare Agent
- Proxy can decide on mental health issues: No
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Who can be your witnesses in the Kentucky Advance Directive?
Anyone can be your witness in Kentucky if;
- He is an adult i.e., above 18 years of age, and
- He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.
Your witnesses cannot be:
- Your healthcare proxy/agent,
- your supervising health care provider/ his employer,
- the operator or an employee of a healthcare facility where you’re receiving care,
- a person related to you by blood or a person entitled to a share in the estate on your death, and
- someone directly financially responsible for your medical care.
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Who can be your Proxy in the Kentucky Advance Directive?
Anyone can be your Proxy/Surrogate in Kentucky if
- He is an adult i.e., above 18 years of age, and
- He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.
Who cannot be your Proxy/Surrogate:
- your supervising health care provider,
- if you are receiving care at a community care facility/residential care facility then its operator or its employee.
- if you are receiving care at a health care institution then its employee.
Unless:
- the proxy/surrogate is related to you by blood, marriage, or adoption, or
- the proxy/surrogate is a member of the same religious order (for example, if you are both priests in the same order)
Other than the above legal requirements, the Proxy/Agent should be:
- Trustable to adhere to your wishes and intentions.
- Trustable to defend you if there’s any disagreement about your medical care.
- He wanted to be your Attorney in Fact of his own free will to take care of your health affairs.
- He should not be your doctor or one of the caretakers.
Note: You can appoint an Alternate Proxy as well. The alternative Proxy/Agent will step in if the first person you name as a proxy is unable, unwilling, or unavailable to act for you or if you decide to revoke his authority.
Notarization required for Kentucky Advance Directive?
You can either get an Advance Directive executed by signing the form in presence of the witnesses or get your signature notarized by signing an acknowledgment in front of the public notary.
Learn about the requirements of Kentucky Last Will and Testament and Kentucky Last Will and Testament Template.
When does an Advance Directive come into effect in Kentucky?
In Kentucky, an Advance Directive becomes legally valid but doesn’t come into effect on signing the form by the grantor, proxy, and witnesses.
An Advance directive comes into effect only when the doctor declares that you are incapable of deciding on your own and have become debilitated due to illness or injury.
Note: Your Kentucky Advance Directive will not be effective in any medical crisis or emergency unless you are declared incapacitated to understand and communicate your wishes and consent by your doctor.
How can an Advance Directive be revoked?
You can revoke or terminate your Kentucky Advance Directive (other than the designation of your agent) at anytime by:
- A written revocation,
- An oral revocation in presence of two witnesses, (at least one of them is your healthcare provider)
- Tearing, burning, and obliterating or destroying the document in any other way or directing any other person to write on your behalf.
How to amend or change an Advance Directive?
You can make changes or amend your Advance Directive at any time in Kentucky but once it was witnessed and signed you have to remake a new document with the required changes. It is recommended to go through, double-check, and make sure of everything before signing the Advance Directive.
Kentucky rules for pregnancy after making your Advance Directive
Kentucky state laws mention that a pregnant grantor’s preferences in the Advance Directive to withhold the life-prolonging treatments will not be honored if it is possible that the fetus is viable and could develop to the point of live birth with continued application of life-sustaining treatment.
Unless it is medically declared that such procedures will not allow the baby to be born, will be physically harmful to you, or will prolong severe pain that cannot be alleviated through medication.
Parts of the Kentucky Advance Directive Form
Part 1: Appointment of Healthcare Agent
You can fill this form out and provide all the details. The appointment of the Healthcare Proxy/Agent and his details will be filled along with the instructions for the Proxy/Agent to follow.
Part 2: Treatment Preferences
This section states your wishes regarding medical care when your doctor determines that either:
- that you are terminally ill and to prolong artificially your life you would need artificial life-sustaining procedures or your death will occur with or without the use of life-sustaining procedures, or
- that you are in a persistent vegetative state.
Part 3: Execution
You must sign in the presence of two witnesses. The details of the witnesses along with their signs are also required.
Kentucky state laws require the grantor to sign the form in presence of witnesses or he can give an acknowledgment before the public notary.
Give photocopies of the signed original to your agent and alternate agent, doctor(s), family, close friends, clergy, and anyone else who might become involved in your health care. If you enter a nursing home or hospital, have photocopies of your document placed in your medical records.
Be sure to talk to your agent(s), doctor(s), clergy, family, and friends about your wishes concerning medical treatment. Discuss your wishes with them often, particularly if your medical condition changes.
