Kentucky Living Will Requirements
Based on KRS §311.621 through §311.643 (Living Will Directive Act)
Quick Summary
- Document type: Living Will Directive
- 2 witnesses required
- Notarization not required (can substitute for witnesses)
Witness Requirements
Kentucky requires 2 witnesses who are present when you sign your living will directive. Witnesses have the following restrictions:
Witness restrictions:
- A witness must be at least eighteen (18) years of age
- A witness cannot be a blood relative of the declarant
- A witness cannot be a beneficiary of the declarant under the Kentucky laws of descent and distribution
- A witness cannot be the declarant's attending physician
- A witness cannot be a person directly financially responsible for the declarant's health care
- An employee of a health care facility in which the declarant is a patient may not serve as a witness, unless that employee is serving solely as a notary public
When Your Living Will Takes Effect
Your Kentucky living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is a condition caused by injury, disease, or illness which, to a reasonable degree of medical probability as determined solely by the patient's attending physician and one other physician, is incurable and irreversible and will result in death within a relatively short time, and where the application of life-prolonging treatment would serve only to artificially prolong the dying process.
Persistent Vegetative State
A state of permanent unconsciousness is a condition which, to a reasonable degree of medical probability as determined solely by the patient's attending physician and one other physician on clinical examination, is characterized by an absence of cerebral cortical functions indicative of consciousness or behavioral interaction with the environment.
Irreversible Condition
Kentucky does not define a separate "irreversible condition" trigger. The two triggering conditions are terminal condition and state of permanent unconsciousness as defined in KRS 311.621.
Important Notes for Kentucky
- Kentucky follows the Living Will Directive Act (KRS §311.621 through §311.643)
- A living will directive must be witnessed by two adults OR acknowledged before a notary public (KRS §311.625(2)); notarization serves as an alternative to witnesses
- An employee of a health care facility where the declarant is a patient may serve as a notary public for the living will directive but may not sign as a witness
- Neither the witnesses nor the notary public may be a blood relative, the attending physician, or anyone directly responsible for financing the declarant's health care
- A condition must be certified by the attending physician and at least one other physician who has personally examined the patient
- The statutory form includes specific language regarding nutrition and hydration: the declarant may separately elect to receive or refuse artificially provided nutrition and hydration
- A living will directive is not effective during pregnancy if the fetus could develop to the point of live birth with continued application of life-prolonging treatment
- A declaration may be revoked at any time by the grantor without regard to mental or physical condition, by physical destruction, written revocation, or verbal expression of intent to revoke
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.