Living Wills & Advance Directives

Making decisions about your healthcare is an important part of planning for the future. A Living Will, also known as an advance directive, allows you to document your healthcare wishes in case you become unable to make or communicate those decisions yourself.

As long as you are able to make and communicate your own healthcare decisions, you remain in control of your medical care. Your Living Will is intended to guide your healthcare team and the individuals you have chosen to make decisions for you if you lose the ability to make those decisions yourself.

What Is a Living Will?

A Living Will is a legal document that allows you to provide instructions about certain healthcare decisions and identify someone you trust to make healthcare decisions on your behalf when you are unable to do so.

Kentucky’s Living Will Directive Act recognizes an individual’s right to make decisions regarding medical care, including the right to accept or refuse certain treatments.

A Living Will can help ensure that your wishes are known to your family and healthcare team during a serious illness or medical situation in which you are unable to communicate.

What Can I Include in a Kentucky Living Will?

Under Kentucky law, a Living Will may allow you to:

• Designate a healthcare surrogate to make healthcare decisions for you if you lose the ability to make those decisions yourself.

• Provide instructions about whether you want certain life-prolonging treatments withheld or continued.

• Provide instructions regarding artificially provided nutrition and hydration, such as tube feeding.

• Express your wishes regarding organ and tissue donation.

You may also name a successor or alternate healthcare surrogate in case the person you first choose is unable or unwilling to serve.

Choosing a Healthcare Surrogate

Your healthcare surrogate is the person you authorize to make healthcare decisions for you if you no longer have the ability to make those decisions yourself.

When selecting a surrogate, consider choosing someone you trust who:

• Understands your healthcare wishes and personal values.

• Is comfortable making difficult medical decisions.

• Is willing to communicate with your physicians and other healthcare providers.

• Will follow your wishes even if others may disagree.

It is important to discuss your wishes with the person you choose so they understand what matters most to you.

Who Can Complete a Living Will?

In Kentucky, an adult 18 years of age or older who has the capacity to make healthcare decisions may complete a Living Will.

Kentucky law provides a Living Will form that addresses healthcare surrogates, life-prolonging treatment, artificially provided nutrition and hydration, and organ donation.

You are not required to have an attorney prepare a standard Kentucky Living Will. However, you may wish to consult an attorney if you have questions, want to make significant changes to the standard form, or have specific legal concerns.

Signing a Kentucky Living Will

A Kentucky advance directive must be in writing, dated, and signed by you or signed at your direction.

It must also be either:

• Witnessed by two eligible adults in your presence and in the presence of each other; or

• Acknowledged before a Notary Public or another person authorized to administer oaths.

Kentucky law places restrictions on who may serve as a witness or notary for an advance directive. For example, certain relatives, beneficiaries, healthcare providers, and individuals financially responsible for your healthcare may not serve in those roles.

Using a Notary Public may be an option instead of having two witnesses.

Living Wills and Pregnancy

Under current Kentucky law, if a patient has been diagnosed as pregnant and the attending physician is aware of the pregnancy, the Living Will directive does not have force or effect during the course of the pregnancy.

Patients who have questions about how this provision may apply to their individual circumstances should speak with their healthcare provider or an attorney.

After You Complete Your Living Will

Completing the document is only one part of advance care planning. It is also important to discuss your wishes with the people who may be involved in your care.

Consider:

• Talking with your family and healthcare surrogate about your wishes.

• Discussing your preferences with your physician or other healthcare provider.

• Providing a copy of your Living Will to your healthcare surrogate.

• Providing a copy to your physician and asking that it be included in your medical record.

• Keeping a copy somewhere that can be easily located if it is needed.

If you are admitted to a hospital or other healthcare facility, let your healthcare team know that you have an advance directive and provide a copy if one is not already available in your medical record.

Do I Have to Have a Living Will?

No. You are not required to have a Living Will in order to receive healthcare.

Completing a Living Will is a personal decision. Its purpose is to give you an opportunity to communicate your healthcare preferences in advance and help your family and healthcare team understand your wishes if you become unable to speak for yourself.

Kentucky Living Will Information

The Kentucky Attorney General’s Office provides a Kentucky Living Will Packet with additional information and forms for individuals who wish to complete an advance directive.

To download a copy of Kentucky’s Living Will Packet, go to https://www.ag.ky.gov/AG%20Publications/livingwillpacket.pdf