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Health Care Directive

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Create Your Health Care Directive

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Living Will Directive

Directive of _________________________ dated ________ day of ________________, ________.

In this Living Will Directive I, _________________________, of ____________________________, ______________________________, Kentucky __________, being of sound mind, willingly and voluntarily express my wishes regarding life prolonging treatment, artificially provided nutrition and hydration and comfort care to be provided to me if I no longer have decisional capacity, and if I have a terminal condition, or become permanently unconscious.

DEFINITIONS
For the purposes of this document, the following definitions apply:

Health care decision means consenting to, or withdrawing consent for, any medical procedure, treatment or intervention.

Artificially provided nutrition and hydration means sustenance or fluids that are artificially or technologically administered.

Comfort Care means the performance of any medical procedure, including the administration of medication, deemed necessary to alleviate pain. Comfort care does not include artificially provided nutrition and hydration.

Life-prolonging treatment means any medical procedure, treatment or intervention which:

  1. Utilizes mechanical or other artificial means to sustain, prolong, restore, or supplant a vital function; and
  2. When administered to a patient would serve only to prolong the dying process. Life prolonging procedure does not include comfort care or artificially provided nutrition and hydration.

Permanently unconscious means a condition which, to a reasonable degree of medical probability, as determined by the patient's attending physician and one (1) other physician on clinical examination, is characterized by an absence of cerebral cortical functions indicative of consciousness or behavioral interaction with the environment.

Terminal condition means a condition cause by injury, disease, or illness which, to a reasonable degree of medical probability, as determined by the patient's attending physician and one (1) other physician, is incurable and irreversible and will result in death within a relatively short time, and where the application of life-prolonging treatment would serve only to artificially prolong the dying process.

DESIGNATION OF HEALTH CARE SURROGATE
I hereby designate and appoint _______________________ as my health care surrogate to make health care decisions for me in accordance with this directive when I no longer have decisional capacity. ____ initials

_______________________ resides at _______________________, _______________________, in the Commonwealth of Kentucky, __________ and can be reached at ______________________________.

I choose not to name an alternate health care surrogate.

POWERS AND AUTHORITY OF MY HEALTH CARE SURROGATE
Where used below, the phrase "Health Care Surrogate" refers both to my surrogate and to my alternate surrogate.

My Health Care Surrogate is authorized to act for me in all matters relating to my health care. I grant my Health Care Surrogate full power to give or refuse consent to all medical, surgical, hospital and related health care, according to my wishes as stated in this document or as otherwise expressed to my Health Care Surrogate. My Health Care Surrogate's powers include, but are not limited to, the authority to:

  • review and receive any information regarding my physical or mental health, including medical and hospital records, in accordance with the Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d ("HIPAA");
  • sign any releases required in order to obtain such information;
  • sign any documents required to request, withdraw or refuse treatment, or to be released or transferred to another medical facility; and
  • make decisions on whether to provide, withhold or withdraw artificial nutrition and hydration.

My Health Care Surrogate does not have authority to act for me for any purpose other than the management of my health care. All of my Health Care Surrogate's actions under this power during any period when I am unable to make or communicate health care decisions have the same effect on my heirs, devisees and personal representatives as if I were competent and acting for myself.

Any prior designation is revoked.

DIRECTIVES
If at any time I have been clinically examined by two physicians, one of whom is my attending physician, and:

  1. the two physicians certify that my condition is terminal and that, without the use of life-prolonging procedures, my death would likely occur within a reasonably short period of time; or
  2. the two physicians certify that I am in a state of permanent unconsciousness;

and the application of life-prolonging procedures would serve only to prolong the dying process, I direct that I receive the following medical care:

If I am diagnosed as having a terminal condition: (initial all that apply)

  • _____ (initials) I DO NOT authorize the withholding or withdrawing of life-prolonging procedures;
  • _____ (initials) I direct that nutrition and hydration BE PROVIDED through any medically indicated means, including medically or surgically implanted tubes; and
  • _____ (initials) I direct that comfort care BE PROVIDED, even if it would have the effect of prolonging my life.

If I am diagnosed as being permanently unconscious: (initial all that apply)

  • _____ (initials)  I DO NOT authorize the withholding or withdrawing of life-prolonging procedures;
  • _____ (initials) I direct that nutrition and hydration BE PROVIDED through any medically indicated means, including medically or surgically implanted tubes; and
  • _____ (initials) I direct that comfort care BE PROVIDED, even if it would have the effect of prolonging my life.

PREGNANCY
If I have been diagnosed as pregnant, and that diagnosis is known to my physician, this directive shall have no force or effect during the course of my pregnancy.

The remainder of this document will be available when you have purchased a license.


When creating a document, LawDepot’s template gives you the following options:

  • Only specify your health care preferences
  • Only appoint someone to make medical decisions for you
  • Specify your health care preferences and appoint someone to make medical decisions for you

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