311.629 Powers of health care surrogate.
374 words·~2 min read·
/ky/chapter-311/311-629A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A surrogate designated pursuant to an advance directive may make health care
decisions for the grantor which the grantor could make individually if he or she had
decisional capacity, provided all the decisions shall be made in accordance with the
desires of the grantor as indicated in the advance directive. When making any health
care decision for the grantor, the surrogate shall consider the recommendation of the
attending physician and honor the decision made by the grantor as expressed in the
advance directive.
(2)The surrogate may not make a health care decision in any situation in which the
grantor's attending physician has determined in good faith that the grantor has
decisional capacity. The attending physician shall proceed as if there were no
designation if the surrogate is unavailable or refuses to make a health care decision.
(3)A health care surrogate may authorize the withdrawal or withholding of artificially-
provided nutrition and hydration in the following circumstances:
(a)When inevitable death is imminent, which for the purposes of this provision
shall mean when death is expected, by reasonable medical judgment, within a
few days; or
(b)When a patient is in a permanently unconscious state if the grantor has
executed an advance directive authorizing the withholding or withdrawal of
artificially-provided nutrition and hydration; or
(c)When the provision of artificial nutrition cannot be physically assimilated by
the person; or
(d)When the burden of the provision of artificial nutrition and hydration itself
shall outweigh its benefit. Even in the exceptions listed in paragraphs (a), (b),
and
(c)of this subsection, artificially-provided nutrition and hydration shall
not be withheld or withdrawn if it is needed for comfort or the relief of pain.
(4)Notwithstanding the execution of an advance directive, life sustaining treatment and
artificially-provided nutrition and hydration shall be provided to a pregnant woman
unless, to a reasonable degree of medical certainty, as certified on the woman's
medical chart by the attending physician and one
(1)other physician who has
examined the woman, the procedures will not maintain the woman in a way to
permit the continuing development and live birth of the unborn child, will be
physically harmful to the woman or prolong severe pain which cannot be alleviated
by medication.