An competent adult may execute a power of attorney for a disabled principal enabling the attorney in fact named in the power of attorney to make decisions concerning principal health care
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Kentucky health care power of attorney (designation of a surrogate) gives the person you name as your agent the authority to make any and all health care decisions for you in accordance with your wishes |
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You have the right to make decisions about your health care. No health care may be given to you over your objection, and necessary health care may not be stopped or withheld if you object.
Because your health care providers in some cases may not have had the opportunity to establish a long-term relationship with you, they are often unfamiliar with your beliefs and values and the details of your family relationships. This poses a problem if you become physically or mentally unable to make decisions about your health care. In order to avoid this problem, you may sign this legal document to specify the person whom you want to make health care decisions for you if you are unable to make those decisions personally. In Kentucky, If you do not want to deal with “end of life decisions” now and want to put this burden on your Agent, you may prepare a Health Care Power of Attorney (Appointment of a Surrogate). You should take some time to discuss your thoughts and beliefs about medical treatment with the person or persons whom you have specified. You may state in this Health Care Power of Attorney any types of health care that you do or do not desire and you may limit the authority of your health care Agent (Surrogate). If your health care Surrogate is unaware of your desires with respect to a particular health care decision, he or she is required to determine what would be in your best interests in making the decision. The Kentucky Durable Power of Attorney for Health Care is an important legal document. It gives your Agent (health care Surrogate) broad powers to make health care decisions for you. A surrogate designated pursuant to an advance directive may make health care decisions for the grantor which the grantor could make individually if he or she had decisional capacity, provided all the decisions shall be made in accordance with the desires of the grantor as indicated in the advance directive. When making any health care decision for the grantor, the surrogate shall consider the recommendation of the attending physician and honor the decision made by the grantor as expressed in the advance directive. You may limit the authority of your health care Agent (Surrogate). It revokes any prior power of attorney for health care that you may have made. If you wish to change your power of attorney for health care, you may revoke this document at any time by destroying it, by directing another person to destroy it in your presence, by signing a written and dated statement or by stating that it is revoked in the presence of two witnesses. If you revoke, you should notify your surrogate, your health care providers and any other person to whom you have given a copy. If your surrogate is your spouse and your marriage is annulled or you are divorced after signing this document, the document is invalid. You may also use the Kentucky Durable Power of Attorney for Health Care to make or refuse to make an anatomical gift upon your death. If you use this document to make or refuse to make an anatomical gift, this document revokes any prior document of gift that you may have made. You may revoke or change any anatomical gift that you make by this document by crossing out the anatomical gifts provision in this document. The Kentucky Power of Attorney for Health Care shall be in writing, dated, and signed by the grantor, or at the grantor's direction, and either witnessed by two (2) or more adults in the presence of the grantor and in the presence of each other, or acknowledged before a notary public. None of the following shall be a witness to or serve as a notary public or other person authorized to administer oaths in regard to any advance directive made under this section:
Do not sign the Kentucky Power of Attorney for Health Care unless you clearly understand it. It is suggested that you keep the original of this document on file with your physician and family members. If there is anything about this form that you do not understand, you should ask a lawyer to explain it to you. |
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