Updated August 3, 2026. Quick answer: Kentucky calls this instrument living will directive, health care surrogate designation, durable power of attorney for health care. To execute it you need 2 witnesses — and the state requires witnesses OR a notary — either one. Getting that conjunction wrong is the most common way a directive fails when it is needed.
Source note. The statute text below comes from a codified reproduction of the state code rather than the state’s own site, because the official host could not be reached. The section number and wording are the state’s; confirm against your state’s own publication before executing.
The execution box
| What the state calls it | living will directive, health care surrogate designation, durable power of attorney for health care |
|---|---|
| Witnesses required | 2 |
| Witnesses or notary? | witnesses OR a notary — either one |
| Who may NOT witness | A witness may not be a blood relative of the grantor, a beneficiary of the grantor under the descent and distribution statutes, an employee of a health care facility in which the grantor is a patient (unless the employee serves as a notary public), an attending physician of the grantor, or any person directly financially responsible for the grantor’s health care. |
| If you are in a care facility | A health care facility employee is barred from witnessing unless that employee is acting in the separate capacity of a notary public, in which case the notarization alternative applies instead of the witness disqualification. |
| Authority | KRS 311.625 (Kentucky Living Will Directive Act) |
What the statute says
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 or other person authorized to administer oaths
— KRS 311.625 (Kentucky Living Will Directive Act)
The form
The statute refers to a form, but we could not retrieve an official copy to link. Ask your state health department or check the statute itself — many states publish one free. We are not linking a commercial seller in its place.
Why the witness rules matter more than the wording
People spend their effort on what the directive says and almost none on how it is signed. A directive that expresses your wishes perfectly but was witnessed by someone the statute disqualifies may not be honoured. The disqualification lists exist because the people most likely to be in the room — family, the treating doctor, facility staff — are the people with an interest in the outcome.
Two practical consequences. Ask who is signing before the appointment, not during it. And if you are already in a hospital or care facility, check the facility rule row above — several states add a requirement that applies only to patients and residents, and it is the one nobody mentions.
This is the medical instrument, not the financial one
A financial power of attorney is a different document with different execution rules. Having one does not give anyone authority over your medical care, and having this one gives nobody authority over your money. Most people need both, and they are executed separately.
What could not be verified
Sourced via a third-party source mirror; official apps.legislature.ky.gov uses opaque numeric IDs that could not be resolved without a working search, so the official host was not reached. Statutory form existence noted from general knowledge of KRS 311.625’s structure but the form text itself was not independently viewed in this session — verify before publishing.
Related: all states compared · living will versus healthcare proxy · what it costs.
General information drawn from state statutes and official state materials, not legal or medical advice. Advance-directive law is STATE law and the execution requirements differ in ways that decide whether a document works: some states require witnesses AND a notary, some accept either, and the list of people who may not witness varies. A directive executed the wrong way may not be honoured when it matters. Many states publish a free official form – you should not have to buy one.