Kentucky Living Will vs. Healthcare Power of Attorney: What’s the Difference?
Planning for future medical needs can be overwhelming, but it’s important that your wishes are clearly and legally documented so that they’re honored if you cannot make decisions yourself.
There are two critical documents that will help protect your choices regarding healthcare in Kentucky: the Living Will Directive and the Healthcare Power of Attorney (POA). They are both advance directives, but serve different purposes.
In this article, we will explain the differences between each one – it’s important to understand those so you can make informed decisions about your medical care and avoid confusion during a crisis.
What is a Living Will Directive in Kentucky?
A Living Will Directive enables you to state your wishes in respect of specific kinds of medical treatment if you ever become permanently unconscious, terminally ill, or otherwise unable to communicate.
Kentucky law (KRS 311.621–311.643) allows a Living Will to provide instructions on:
- Life-sustaining treatment, including ventilation or CPR.
- Artificial nutrition and hydration.
- Pain management and comfort care.
- Organ and tissue donation.
- End-of-life directives.
A Living Will takes effect only when two conditions are met:
- You are unable to make or communicate medical decisions, and
- Your condition meets the definition of a terminal, permanently unconscious, or similar state defined by statute.
It does not apply to general medical decisions like routine treatment, medications, surgeries, or rehabilitation unless you are in one of the qualifying medical conditions.
What is a Healthcare Power of Attorney?
A Healthcare Power of Attorney, also called a Healthcare Surrogate designation, enables you to name someone as your healthcare agent or surrogate who will then make medical decisions on your behalf should you become unable to do so.
A Kentucky Healthcare POA allows your designated surrogate to:
- Make day-to-day medical decisions.
- Consent to or refuse treatment.
- Access medical records.
- Choose healthcare providers or facilities.
- Make decisions that are not covered by a Living Will.
Unlike a Living Will, a Healthcare POA does not apply only to an end-of-life scenario. It applies in any instance when you cannot make decisions for yourself, such as during surgery, after a stroke, or when you are temporarily unconscious.
However, your surrogate cannot override your Living Will. Your written instructions always take priority.
How the Two Documents Work Together
Many Kentuckians have both a Living Will and a Healthcare POA, as they protect different types of decision-making.
- A Living Will provides instructions regarding specific medical treatments under limited circumstances.
- When you cannot speak for yourself, a Healthcare Power of Attorney covers all other medical decisions.
Kentucky law ensures that if both documents exist, they work together without any conflict. Your surrogate is legally bound to carry out your wishes as stated in your Living Will.
Why You Should Not Rely on One Document Only
Having only one document can leave gaps:
If you only have a Living Will:
- No one has the authority to make decisions for you, except in end-of-life situations.
- Medical professionals may require the involvement of the courts in order for a guardian to be appointed, which can delay treatment.
If you only have a Healthcare POA:
- Your surrogate may have to make difficult decisions about life support without written guidance from you.
- Other family members may disagree with the surrogate’s decisions.
Together, these documents give you both control and coverage.
How to Make These Documents Valid in Kentucky
Kentucky requires that a Living Will or Healthcare POA be:
- Signed voluntarily,
- Witnessed by two legal adults, or
- Notarized.
Your witnesses cannot be:
- Your healthcare provider.
- An employee at your healthcare facility.
- A blood relative.
- The person you name as your surrogate.
You can revoke either document at any time by notifying your healthcare provider or destroying the document.
Do You Need an Attorney to Create These Documents?
Kentucky provides statutory forms, however mistakes might cause confusion or lead to disputes among members of the family. An experienced estate attorney ensures that:
- Your documents meet the requirements of Kentucky law.
- Your wishes are clearly expressed.
- Your surrogate understands their responsibilities.
- Your estate plan is aligned with your healthcare directives.
This is particularly important if you have blended families, have chronic medical conditions, or have strong preferences about life-sustaining treatment.
Hoffman Walker & Knauf Can Help Protect Your Wishes
Planning ahead saves your loved ones from having to make difficult decisions and ensures your values continue to guide your medical care.
The estate planning attorneys at Hoffman Walker & Knauf can help you create a clear, legally valid Living Will and Healthcare Power of Attorney that suits your needs.
Contact us today to begin protecting your future with confidence.
