Skip to content
Oakclause

Health Care Power of Attorney Requirements in Kentucky

In Kentucky, an advance directive naming a health care surrogate must be signed before two adult witnesses or acknowledged before a notary, and relatives, heirs, the attending physician and people paying for your care cannot witness or notarize it.

Last checked . General information, not legal advice.

Kentucky at a glance

Document name
Advance directive designating a health care surrogate
A living will directive under KRS 311.623 may designate one or more adults as surrogate to make health care decisions.
Witnesses
2 witnesses or a notary
Witnesses sign in the presence of the grantor and of each other. A notary acknowledgment can replace the witnesses.
Notary required
Notary or 2 witnesses
Either two adult witnesses or acknowledgment before a notary or other officer authorized to administer oaths.
Who cannot witness
Blood relatives, heirs, attending physician, payers, facility staff
Also bars a facility employee where the grantor is a patient, unless that employee serves as the notary. The same limits apply to the notary.

Sources

Last checked

The rules in Kentucky

What is a health care power of attorney called in Kentucky?

Document name in Kentucky: Advance directive designating a health care surrogate. A living will directive under KRS 311.623 may designate one or more adults as surrogate to make health care decisions.

How many witnesses does a health care power of attorney need in Kentucky?

Witnesses in Kentucky: 2 witnesses or a notary. Witnesses sign in the presence of the grantor and of each other. A notary acknowledgment can replace the witnesses.

Does a health care power of attorney have to be notarized in Kentucky?

Notary or 2 witnesses. Notary required in Kentucky: notary or 2 witnesses. Either two adult witnesses or acknowledgment before a notary or other officer authorized to administer oaths.

Who cannot witness a health care power of attorney in Kentucky?

Who cannot witness in Kentucky: Blood relatives, heirs, attending physician, payers, facility staff. Also bars a facility employee where the grantor is a patient, unless that employee serves as the notary. The same limits apply to the notary.

Where do the Kentucky health care power of attorney requirements come from?

The rules above come from KRS 311.623 and KRS 311.625. Each source is linked on this page. We last checked them in October 2026.

Good to know

KRS 311.623 lets an adult designate one or more surrogates in a written living will directive.

What this means in practice

Follow the signing rules of the state where you live when you sign. If you spend a lot of time in another state, check whether that state honors documents signed elsewhere, and consider signing a version that also meets its rules.

Choose witnesses before the signing day. Witness rules often exclude the agent you are naming and may also exclude relatives, people who would inherit from you, or staff of a health care provider or facility caring for you. Using two unrelated adults avoids most problems.

Give copies of the signed document to your agent, any alternate agent and your doctors, and keep the original where it can be found quickly. If you later change your mind, revoke the old document in writing and tell everyone who has a copy.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.