Do I Need to Have My Kentucky Living Will Witnessed or Notarized?

In Kentucky, you must sign your health care directive in front of witnesses or a notary.

In Kentucky, your living will and medical power of attorney are combined into a single form called an advance directive.

Sign Your Kentucky Advance Directive in Front of Two Witnesses or a Notary

After you create your advance directive, you must sign your document and have it notarized or witnessed by two people.

If you choose to have your advance directive witnessed, neither of your witnesses (nor the notary) may be:

  • related to you by blood
  • your beneficiary by operation of Kentucky law
  • your attending physician
  • an employee of a health care facility where you are a patient, unless the employee serves as a notary public, or
  • directly financially responsible for your health care.

What to Do With Your Signed Advance Directive

After you have your document notarized or witnessed, it is legally valid. Keep the original in your files and give a copy to your surrogate – the person you named to make health care decisions on your behalf, if you chose to do so. To ensure that you get the health care that you want, it’s a good idea to make your wishes widely known. So, you might also consider giving copies of your advance directive to your physician, your hospital, your HMO or other insurance plan, and trusted family members and friends.

Review your document every few years to make sure that it still reflects your wishes. Also, consider making new documents if you move to another state, get married or divorced, or if your surrogate is no longer able to supervise your wishes.

Your properly finalized document will stay in effect until you revoke it, if you ever choose to do so. You can revoke your document at any time. The best way to revoke your advance directive is to do it in writing. If possible, also collect and tear up all copies that you may have distributed to others. Finally, tell everyone who knows about your advance directive that you have revoked it.

Learn More

Learn more about Living Wills and Medical Powers of Attorney.

Learn more about Kentucky Living Wills and Advance Directives. .

When you make an advance directive with Quicken WillMaker Plus, it will conform to all of Kentucky’s advance directive laws and it will print with plain English instructions that detail how to make it legal.

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