Kentucky Kentucky Will Laws


Here you will find legal terms and their application by state as this can vary depending on where you live.

Reciprocity - The practice of exchanging things with others for mutual benefit, especially privileges granted by one country or organization to another. Certain states will limit the extent to which they honor health care directives(reciprocity) from other states, meaning they will only accept them so far as they comply with their own laws. This creates a bit of a legal grey area, however, most times it doesn't become an issue.

State Law Citation and Title

KY REV ST ยง 391.010 to 391.360

Kentucky Revised Statutes Title XXXIV, Chapter 391 (Descent and Distribution)

State Law Statute

311.621, et seq. Kentucky Living Will Directive Act

Specific Powers

Any medical procedure, treatment, or intervention which utilizes mechanical or other artificial means to sustain prolong, restore, or supplant a spontaneous vital function or when administered would only prolong dying process. Does not include medication or procedure to alleviate pain.

Revocation Duration

A living will is revocable by:
  1. written declaration signed and dated by declarant
  2. oral statement of intent to revoke in presence of 2 adults, one of which is a health care provider
  3. destruction of declaration with intent to revoke
  4. revocation is effective immediately for attending physician once revocation received
  5. an oral statement by grantor with decisional capacity to revoke overrides any previous written directive


Directives made outside the provisions of this state's living will act do not restrict health care providers from following such directives if they are consistent with accepted medical practice.

Transfer Unwilling

Physician must immediately inform patient and family or guardian and shall not impede transfer to complying physician or health care facility; patients medical records and information shall be supplied to receiving physician or facility

Immunity Physician

Not subject to criminal prosecution or civil liability or deemed to have engaged in unprofessional conduct as a result of withholding or withdrawing life prolonging treatment in accordance with directive unless shown by preponderance of evidence that there was bad faith

** This Document Provided By Will Laws **