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Kentucky Living Wills Laws
More Information on Living Wills
| Code Section | 311.621, et seq. Kentucky Living Will Directive Act |
| Specific Powers, Life-Prolonging Acts | Any medical procedure, treatment, or intervention which utilizes mechanical or other artificial means to sustain prolong, restore, or supplant a spontaneous vital function or when administered would only prolong dying process. Does not include medication or procedure to alleviate pain. |
| Legal Requirements for Valid Living Will | (1) Adult with decisional capacity; (2) in writing; (3) dated; (4) either witnessed by 2 or more adults in presence of grantor and in presence of each other or acknowledged before notary; (5) in substantially the same form as §311.625(1). No witness can be related to grantor. |
| Revocation of Living Will | Revocable by (1) written declaration signed and dated by declarant; (2) oral statement of intent to revoke in presence of 2 adults, one of which 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 | 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 |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
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