{"data":{"id":"us-ky/krs-311.629","jurisdiction":"us-ky","citation":"KRS 311.629","heading":"Powers of health care surrogate.","body":"(1) A surrogate designated pursuant to an advance directive may make health care\ndecisions for the grantor which the grantor could make individually if he or she had\ndecisional capacity, provided all the decisions shall be made in accordance with the\ndesires of the grantor as indicated in the advance directive. When making any health\ncare decision for the grantor, the surrogate shall consider the recommendation of the\nattending physician and honor the decision made by the grantor as expressed in the\nadvance directive.\n(2) The surrogate may not make a health care decision in any situation in which the\ngrantor's attending physician has determined in good faith that the grantor has\ndecisional capacity. The attending physician shall proceed as if there were no\ndesignation if the surrogate is unavailable or refuses to make a health care decision.\n(3) A health care surrogate may authorize the withdrawal or withholding of artificially -\nprovided nutrition and hydration in the following circumstances:\n(a) When inevitable d eath is imminent, which for the purposes of this provision\nshall mean when death is expected, by reasonable medical judgment, within a\nfew days; or\n(b) When a patient is in a permanently unconscious state if the grantor has\nexecuted an advance directive au thorizing the withholding or withdrawal of\nartificially-provided nutrition and hydration; or\n(c) When the provision of artificial nutrition cannot be physically assimilated by\nthe person; or\n(d) When the burden of the provision of artificial nutrition and hydration itself\nshall outweigh its benefit. Even in the exceptions listed in paragraphs (a), (b),\nand (c) of this subsection, artificially -provided nutrition and hydration shall\nnot be withheld or withdrawn if it is needed for comfort or the relief of pain.\n(4) Notwithstanding the execution of an advance directive, life sustaining treatment and\nartificially-provided nutrition and hydration shall be provided to a pregnant woman\nunless, to a reasonable degree of medical certainty, as certified on the woman's\nmedical chart by the attending physician and one (1) other physician who has\nexamined the woman, the procedures will not maintain the woman in a way to\npermit the continuing development and live birth of the unborn child, will be\nphysically harmful to the woman or prolong severe pain which cannot be alleviated\nby medication.","path":["KRS Chapter 311"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=30567","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:05Z","sha256":"ac58add53a21596c0a53dbce5d96e952fd4a66e411bdf4adcb22ba4c27fc9076","source_id":"us-ky","stale":false,"prev":"us-ky/krs-311.628","next":"us-ky/krs-311.630"},"notice":"GroundRules: Original legal text. Not legal advice."}