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Advance Directives

Living will, living will directive, advance directive, and directive are all terms used to describe a document that provides directions regarding health care to be provided to the person executing the document. In Kentucky, advance directives are governed by the Kentucky Living Will Directive Act codified in KRS 311.621 to 311.643, and as otherwise defined in 42CFR, 489.100.

A member who is 18 years of age or older and who is of sound mind may make a written living directive that does any or all of the following:

  • Directs the withholding or withdrawal of life-prolonging treatment
  • Directs the withholding or withdrawal of artificially provided nutrition or hydration.
  • Designates one or more adults as a surrogate or successor surrogate to make health care decisions on his or her behalf.
  • Directs the giving of all or any part of his or her body upon death for any of the following reasons: medical or dental education, research, advancement of medical or dental science, therapy, or transplantation.

A form of a living will is included in KRS 311.625. The form can be reviewed at www.lrc.state.ky.us/KRS/311-00/625.PDF. Advance directives may be revoked in writing, by an oral statement, or by tearing up the written living will. The revocation is effective immediately.

In addition to reviewing the Kentucky Living Will Directives Act, providers should:

  • On the first visit, as well as during routine office visits when appropriate, discuss the member’s wishes regarding advance directives for care and treatment;
  • Document in the member’s medical record the discussion and whether the member has executed an advance directive;
  • If asked, provide the member with information about advance directives;
  • Upon receipt of an advance directive from the member, file the advance directive in the member’s record;
  • Not discriminate against a member because he or she has or has not executed an advance directive; and,
  • Communicate to the member if the provider has any conscientious objections to the advance directive as indicated above.