Living Will Directive Page 4
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10grantor's health care. In addition, any witness must be at least 18 years of age (KRS
311.621(1) and KRS 311.625(2)).
Can any person act as a surrogate?
No. The law states that an employee, owner, director, or officer of a health care facility where
the grantor is a resident or patient may not be designated or act as a surrogate, unless the
person is a member of the same religious order or is a blood relative within the fourth degree
to the grantor (KRS 311.625(4)).
Can a person refuse to act as a surrogate?
Yes. A person designated as a surrogate may resign at any time by giving written notice to
the grantor, to the immediate successor surrogate, to any attending physician, or to any
health care facility that is then waiting for the surrogate to make a health care decision (KRS
311.625(3)).
Under what circumstances may my organs be donated?
Body parts or organs may be donated for 1) education, research, science, therapy, or
transplantation purposes to any hospital, surgeon, or physician; 2) education, research,
science, therapy, or transplantation purposes to an accredited medical or dental school,
college, or university; 3) education, research, science, therapy, or transplantation purposes to
a medical bank or storage facility; or 4) therapy or transplantation purposes to a specified
individual (KRS 311.185).
If I execute a living will directive or health care surrogate designation, may I revoke the
document if I later change my mind?
Yes. A living will directive or health care surrogate designation may be revoked in writing and
must be signed and dated by the grantor declaring an intention to revoke; by an oral
statement to revoke made by the grantor who has decisional capacity in the presence of two
adults, one of whom shall be a health care provider; or by destruction of the document by the
grantor or another person in the grantor's presence and at the grantor's direction. The
revocation is effective immediately (KRS 311.627).
How does the attending physician or health care facility where the grantor is a patient
learn about the existence of a living will directive or health care surrogate
designation?
It is the grantor's responsibility, or that of the grantor's responsible party, to provide
notification to the attending physician or health care facility where the grantor is a patient. If
the grantor is physically or mentally incapable of providing the notification, any person may
notify the attending physician or health care facility. A health care provider may legally refuse
to follow the directions of the living will or surrogate, but the health care provider may not
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