Living Will in Kentucky: Form Requirements, Witness Rules, and What to Include

Kentucky's official living will form is free from the Attorney General's office. So why do people still get it wrong? Because downloading the form is the easy part — executing it correctly under the Living Will Directive Act of 1994 (KRS 311.621–311.643) is where families run into trouble.

An improperly witnessed living will can be challenged by a hospital ethics board, a disagreeing family member, or a court-appointed guardian. Here's how to avoid that.

What a Kentucky Living Will Form Actually Does

A Kentucky living will is a legal document that does two things:

1. States your treatment preferences. You declare whether you want life-prolonging procedures — ventilators, feeding tubes, IV hydration — withheld or withdrawn if you develop a terminal condition or permanent unconsciousness.

2. Designates a healthcare surrogate. You name someone to make medical decisions when you can no longer speak for yourself. This is separate from a financial power of attorney, which only covers money and property matters under KRS Chapter 457.

The form only activates when two physicians confirm you've lost the ability to make your own medical decisions. You can revoke it at any time while you're still competent — verbally, in writing, or simply by destroying the document.

The Witness Requirements That Invalidate Most DIY Attempts

Kentucky gives you two options for making your living will legally valid:

Option A: Two qualified adult witnesses watch you sign.

Option B: You acknowledge the document before a notary public.

The witness restrictions are strict. Under KRS 311.625, the following people cannot witness your living will:

• Blood relatives of any degree
• Anyone named in your will or who would inherit under intestate succession
• Your attending physician
• Healthcare facility employees where you're currently a patient (though they can serve as notary)
• Anyone financially responsible for your medical care

In practice, this means your spouse, children, siblings, and in-laws are almost always disqualified. You need two people with no family connection and no financial stake in your care — a neighbor, a coworker, or a church member you're not related to.

What Happens During Pregnancy

A provision that catches many Kentucky families off guard: your living will is automatically suspended during pregnancy. Under KRS 311.625, if you're pregnant and lose decisional capacity, providers will default to life-sustaining treatment regardless of what your directive says. The only exception is if the treatment would be physically harmful or unreasonably painful to you. The suspension lifts when the pregnancy ends.

Choosing the Right Healthcare Surrogate

Your surrogate is the person who speaks for you when you can't. Kentucky law doesn't restrict who you can name — but choosing the wrong person creates real problems:

• Pick someone who can handle pressure. Your surrogate may need to overrule family members who disagree with your wishes. Kentucky hospitals will honor the surrogate's decisions over objections from other relatives.
• Pick someone geographically accessible. If your surrogate lives three states away, critical decisions may be delayed. Name an alternate surrogate in case your first choice is unavailable.
• Pick someone who knows your actual wishes. A surrogate who has never discussed end-of-life care with you is guessing — and hospitals know it.

What to Put in the Form Beyond the Basics

The standard Kentucky living will template covers the minimum requirements. But you can — and should — add specific instructions:

• Organ and tissue donation preferences. Kentucky's Revised Uniform Anatomical Gift Act (KRS 311.1911–311.1959) allows you to register your donation wishes, but including them in your living will creates an additional layer of documentation.
• Artificial nutrition and hydration. Kentucky law treats tube feeding as a life-prolonging procedure. If you want it continued even when other treatments are withdrawn, say so explicitly.
• Mental health treatment preferences. If you have a psychiatric condition, Kentucky offers a separate Advance Directive for Mental Health Treatment under KRS 202A.420–202A.432, covering preferences for psychotropic medications, ECT, and restraints.

Where to File and Store Your Completed Living Will

Kentucky does not require you to file your living will with any government agency. But completing it and putting it in a drawer defeats the purpose. You need to:

• Give a copy to your designated surrogate. They need to know the document exists and where to find the original.
• Provide copies to your primary care physician and any specialists you see regularly. They're required to include it in your medical record.
• Keep the original in an accessible location at home — not a safe deposit box that nobody can access during a weekend emergency.
• Carry a wallet card indicating you have a living will and who your surrogate is.

Get the Step-by-Step Kentucky Living Will Kit

The Attorney General's free form gives you the template. What it doesn't give you is guidance on witness selection, surrogate coordination, MOST forms for terminal diagnoses, EMS DNR orders, or the estate documents your family will need after your death. The Kentucky Advance Directive & Living Will Kit bundles everything into a single package with checklists, decision worksheets, and plain-language instructions for every step.

See more Kentucky guides →