Kentucky Revised Statutes

Ky. Rev. Stat. § 311.621 (2026)

Definitions for KRS 311.621 to 311.643

✓ current as of May 2026

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As used in KRS 311.621 to 311.643: (1) "Adult" means a person eighteen (18) years of age or older and who is of sound mind; (2) "Advance directive" means a living will directive made in accordance with KRS 311.621 to 311.643, a living will or designation of health care surrogate executed prior to July 15, 1994, and any other document that provides directions relative to health care to be provided to the person executing the document; (3) "Artificially-provided nutrition and hydration" means sustenance or fluids that are artificially or technologically administered; (4) "Attending physician" means the physician who has primary responsibility for the treatment and care of the patient; (5) "Decisional capacity" means the ability to make and communicate a health care decision; (6) "Directive" means a living will directive in writing voluntarily made by an adult in accordance with the provisions of KRS 311.621 to 311.643; (7) "Grantor" means an adult who has executed an advance directive in accordance with KRS 311.621 to 311.643; (8) "Health care decision" means consenting to, or withdrawing consent for, any medical procedure, treatment, or intervention; (9) "Health care facility" means any institution, place, building, agency, or portion thereof, public or private, whether organized for profit or not, used, operated, or designed to provide medical diagnosis, treatment, nursing, rehabilitative, or preventive care, and licensed pursuant to KRS Chapter 216B; (10) "Health care provider" means any health care facility or provider of health services, including but not limited to, those licensed, certified, or regulated under the provisions of KRS Chapters 211, 216, 311, 312, 313, or 314; (11) "Life-prolonging treatment" means any medical procedure, treatment, or intervention which: (a) Utilizes mechanical or other artificial means to sustain, prolong, restore, or supplant a spontaneous vital function; and (b) When administered to a patient would serve only to prolong the dying process. "Life-prolonging treatment" shall not include the administration of medication or the performance of any medical procedure deemed necessary to alleviate pain; (12) "Medical order for scope of treatment" means an actionable medical order signed by a patient, a patient's legal surrogate, or a responsible party, and the patient's physician directing the use of life-sustaining treatment for the patient. A medical order for scope of treatment, if completed, shall implement or apply a health power of attorney or a living will directive if one exists; (13) "Permanently unconscious" means a condition which, to a reasonable degree of medical probability, as determined solely 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; (14) "Physician" means a person licensed to practice medicine in the Commonwealth of Kentucky; (15) "Responsible party" means an adult who has authority under KRS 311.631 to make a health care decision for a patient who has not executed a living will directive; (16) "Surrogate" means an adult who has been designated to make health care decisions in accordance with KRS 311.621 to 311.643; and (17) "Terminal condition" means a condition caused by injury, disease, or illness which, to a reasonable degree of medical probability, as determined solely 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. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 3, sec. 1, effective June 24, 2015. -- Created 1994 Ky. Acts ch. 235, sec. 1, effective July 15, 1994.

Notes of Decisions

Cited in 12 cases (6 in the last 5 years), 2000–2025 · leading case: Woods Ex Rel. Simpson v. Commonwealth, 142 S.W.3d 24 (Ky. 2004).

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Woods Ex Rel. Simpson v. Commonwealth, 142 S.W.3d 24 (Ky. 2004). · cites it 12× “The major concern here is whether the Kentucky Living Will Directive Act, KRS 311.621 to KRS 311.643, is applicable and allows the Commonwealth of Kentucky, as a guardian, to authorize the withdrawal of life-sustaining medical treatment from a lifelong incompetent ward of the…”

Ping v. Beverly Enter., Inc., 376 S.W.3d 581 (Ky. 2012). “” KRS 311.621(8). . At oral argument, Beverly seemed to suggest that Ms.”

Mt. Holly Nursing Ctr. v. Crowdus, 281 S.W.3d 809 (Ky. Ct. App. 2008). “KRS 311.621(8). In Alterra Healthcare Corp.”

GGNSC Stanford, LLC v. Rowe, 388 S.W.3d 117 (Ky. Ct. App. 2012). “” KRS 311.621(8). The arbitration agreement at issue here, on the other hand, does not concern any type of medical treatment, procedure, or intervention; rather, it addresses only means of dispute resolution: It is understood and agreed by Facility and Resident that any and all…”

In re Doe, 53 Misc. 3d 829 (N.Y. Sup. Ct. 2016). “12; Kentucky, Ky Rev Stat Ann §§ 311.621 to 311.644; Louisiana, La Rev Stat Ann §§ 40:1151 to 40:1151.”

Coulter v. Thomas, 33 S.W.3d 522 (Ky. 2000). · cites it 2× “We acknowledged the common law right, but focused on the legislative codification found in KRS 311.621(8), (formerly KRS 311.622(1).”

Lexington Alzheimer's Investors, LLC D/B/A the Lantern at Morning Pointe Alzheimer's Ctr. of Excellence v. Sandra Norris, as Adm'x of the Est. of Rayford Charles Norris (Ky. 2025). · cites it 11× “631 and as defined in KRS 311.621 and affirm the Court of Appeals.”

Paducah Ctr. for Health & Rehab., LLC D/B/A Stonecreek Health & Rehab. v. Terry Lance Penix, as of the Est. of Terry Lynn Penix (Ky. Ct. App. 2023). · cites it 3× “” Thus, here, we must determine whether the POA provided authority for Teresa to enter an arbitration agreement, thereby waiving Terry’s right to a jury trial.”

Lp Owensboro II, LLC D/B/A Signature Healthcare at Hillcrest v. Kahali Green, as Adm'x of the Est. of Deborah J. Moorman (Ky. Ct. App. 2023). · cites it 2× “-7- Health care surrogacy in Kentucky is governed by the Kentucky Living Will Directive Act, KRS 311.621 et seq. KRS 311.631 provides in relevant part: (1) If an adult patient whose physician has determined that he or she does not have decisional capacity has not executed an…”

Lexington Alzheimer's Investors, LLC D/B/A the Lantern at Morning Pointe Alzheimer's Ctr. of Excellence v. Sandra Norris, as Administratix of the Est. of Rayford Charles Norris (Ky. Ct. App. 2023). · cites it 2× “631(1)(c) allows a wife to make health care decisions on behalf of her husband; however, KRS 311.621(8) defines “health care decisions” as “consenting to, or withdrawing consent for, any medical procedure, treatment, or intervention[.”

Colin Mulhall, as of the Est. of Carol Mulhall v. Sunrise Senior Living Mgmt., Inc. (Ky. Ct. App. 2023). “KRS 311.621(8) defines health care decision as “consenting to, or withdrawing consent for, any medical procedure, treatment, or intervention.”

James Williams v. Smyrna Residential, LLC (2024). “2012) (holding that “separate and ancillary” arbitration agreement did “not concern any type of medical treatment, procedure, or intervention” and “was not a necessary part” of the facility admission agreement (citing Ky. Rev. Stat. Ann. § 311.621 (8) (LexisNexis 1995))).”

— Ky. Rev. Stat. § 311.621(1) — 1 case

Woods Ex Rel. Simpson v. Commonwealth, 142 S.W.3d 24 (Ky. 2004). “The major concern here is whether the Kentucky Living Will Directive Act, KRS 311.621 to KRS 311.643, is applicable and allows the Commonwealth of Kentucky, as a guardian, to authorize the withdrawal of life-sustaining medical treatment from a lifelong incompetent ward of the…”

— Ky. Rev. Stat. § 311.621(12) — 1 case

— Ky. Rev. Stat. § 311.621(2) — 1 case

Lexington Alzheimer's Investors, LLC D/B/A the Lantern at Morning Pointe Alzheimer's Ctr. of Excellence v. Sandra Norris, as Adm'x of the Est. of Rayford Charles Norris (Ky. 2025). “631 and as defined in KRS 311.621 and affirm the Court of Appeals.”

— Ky. Rev. Stat. § 311.621(5) — 1 case

Lp Owensboro II, LLC D/B/A Signature Healthcare at Hillcrest v. Kahali Green, as Adm'x of the Est. of Deborah J. Moorman (Ky. Ct. App. 2023). “-7- Health care surrogacy in Kentucky is governed by the Kentucky Living Will Directive Act, KRS 311.621 et seq. KRS 311.631 provides in relevant part: (1) If an adult patient whose physician has determined that he or she does not have decisional capacity has not executed an…”

— Ky. Rev. Stat. § 311.621(8) — 8 cases

Ping v. Beverly Enter., Inc., 376 S.W.3d 581 (Ky. 2012). “” KRS 311.621(8). . At oral argument, Beverly seemed to suggest that Ms.”

Mt. Holly Nursing Ctr. v. Crowdus, 281 S.W.3d 809 (Ky. Ct. App. 2008). “KRS 311.621(8). In Alterra Healthcare Corp.”

Coulter v. Thomas, 33 S.W.3d 522 (Ky. 2000). “We acknowledged the common law right, but focused on the legislative codification found in KRS 311.621(8), (formerly KRS 311.622(1).”

Lexington Alzheimer's Investors, LLC D/B/A the Lantern at Morning Pointe Alzheimer's Ctr. of Excellence v. Sandra Norris, as Adm'x of the Est. of Rayford Charles Norris (Ky. 2025). “631 and as defined in KRS 311.621 and affirm the Court of Appeals.”

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