Kentucky Allows Funeral Services Declaration

Effective July 15, 2016, Kentucky residents may make a "funeral planning declaration" appointing someone -- called a "designee" -- to carry out funeral wishes and plans. To make a valid document, you must write down what you want in a dated form and sign the document in front two witnesses. You must also have your signature acknowledged by a notary public.

Restrictions on Your Designee

Unless related to you by birth, marriage, or adoption, the person you name to carry out your wishes may not be:

  • a provider of funeral or cemetery services
  • responsible for any aspect of the disposition of your remains, or
  • associated with any entity that is responsible for providing funeral or cemetery services or disposing of your remains.

Requirements for Witnesses

Neither of your witnesses may be:

  • a person who signed the declaration for you, if you were unable to sign it yourself
  • your parent, spouse, or child
  • your designee under the form, or
  • a person who is entitled to any part of your estate by will or under state law.

Limits on Where You Can Leave Your Declaration

    You may not include your declaration in:

    • a will
    • a power of attorney, or
    • a similar document.

    You can get a free Kentucky declaration form from the Funeral Consumers Alliance.

      To read the law, see Kentucky Revised Statutes § 367.93103.

      Effective date: Jul 15, 2016