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Kentucky Durable Power of Attorney Laws
Explanation of Chart and More Information on Durable Power of Attorney Laws
| Code Section | 311.621 et seq. Kentucky Living Will Directive Act. |
| Specific Powers, Life-Prolonging Acts | Surrogate may make health care decisions grantor could make if he or she had decisional capacity, provided all decisions are in accordance with granter's wishes and surrogate has considered recommendations of attending physician; these decisions include withholding or withdrawal of artificial nutrition or hydration if (1) death is imminent (i.e. death is expected within a few days); (2) provision of nutrition cannot be physically assimilated; (3) burden or provision of such nutrition and hydration outweighs benefit. (Artificial nutrition or hydration not to be withdrawn if needed for comfort or relief of pain.); (4) When patient is in permanently unconscious state and advanced directive has authorized withdrawal or withholding of such nutrition and hydration. |
| Legal Requirements for Durable Power of Attorney | (1) Grantor with decisional capability; (2) may designate 1 or 2 adults as surrogates; (3) if 2 or more, any decisions must be unanimous; (4) in writing, dated and signed by grantor; (5) 2 adult witnesses, signed in presence of grantor and in presence of each other or notarized; (6) surrogate may not make decisions when physician has determined in good faith that grantor has decisional capability |
| Revocation of Durable Power of Attorney | (1) May be revoked in whole or in part or surrogate's powers reduced or limited at any time if grantor has decisional capacity; (2) oral statement of intent to revoke in presence of 2 adults, one of whom is a health care provider; (3) destruction of declaration with intent to revoke; (4) effective immediately for attending physician once revocation received; (5) oral statement by grantor with decisional capacity to revoke overrides previous written directive |
| Validity from State-to-State | Directives made outside the provisions of this act does not restrict health care providers from following such directives if they are consistent with accepted medical practice. |
| If Physician Unwilling to Follow Durable Power of Attorney | Physician must immediately inform patient and family or guardian and shall not impede transfer to complying physician or health care facility; patient's medical records and information shall be supplied to receiving physician or facility |
| Immunity for Attending Physician | Unlawful for any health care facility or licensing agency to discriminate against health care professional that is unwilling to comply with advanced directive of patient as long as he or she complies with notification and transfer provisions of act. Not subject to criminal prosecution or civil liability or deemed to have engaged in unprofessional conduct as a result of withholding or withdrawing life prolonging treatment in accordance with directive unless shown by preponderance of evidence that there was bad faith |
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