Kentucky Living Wills and Advance Directives: What You Need to Know

A living will is one of the most personal legal documents you can create — and one of the most important. It allows you to make decisions about your own medical care in advance, so that if you’re ever unable to communicate your wishes, your family and doctors know what you want. In Kentucky, living wills and advance directives are governed by specific statutes that every adult should understand.

What Is a Living Will?

A living will (also called an “advance directive”) is a written document in which you state your wishes regarding life-sustaining treatment if you have a terminal condition or are permanently unconscious. Under KRS Chapter 311, Kentucky’s Living Will Directive Act, any competent adult can execute a living will directing that life-sustaining treatment be withheld or withdrawn if they are diagnosed with a terminal condition and death is imminent, or if they are in a state of permanent unconsciousness.

A living will is not the same as a healthcare power of attorney, though they complement each other. The living will states your specific wishes about end-of-life treatment. The healthcare power of attorney names someone to make medical decisions for you if you can’t make them yourself — including situations that aren’t covered by the living will.

Why It Matters

Without a living will, your family may face agonizing decisions about your care with no guidance about what you would have wanted. Worse, family members may disagree — and those disagreements can escalate into contentious, emotionally devastating disputes at the worst possible time. A living will removes the guesswork and the conflict by putting your wishes in writing while you’re able to express them.

Execution Requirements

Under Kentucky law, a living will must be in writing, signed by the person making the directive (the “grantor”), witnessed by two adults who are not related to the grantor by blood or marriage and who would not benefit from the grantor’s estate, and in some cases notarized (though not strictly required by the statute, notarization adds an extra layer of assurance).

Can You Change Your Mind?

Absolutely. A living will can be revoked at any time — by destroying the document, by executing a written revocation, or by verbally expressing your intent to revoke it to your attending physician. You’re not locked into anything permanently.

The Complete Package

I recommend that every adult have three advance planning documents: a will (disposing of property at death), a durable power of attorney (for financial matters during incapacity), and a living will combined with a healthcare power of attorney (for medical decisions). Together, these documents cover the most important “what if” scenarios and ensure your wishes are respected.

If you’d like to create or update your advance directives, call me at (859) 225-9540 or use the contact form.

Joseph D. Buckles is an attorney at Buckles Law Office, PLLC in Lexington, Kentucky.