311.631 Responsible parties authorized to make health care decisions.
402 words·~2 min read·
/ky/chapter-311/311-631A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)If an adult patient whose physician has determined that he or she does not have
decisional capacity has not executed an advance directive, or to the extent the
advance directive does not address a decision that must be made, any one
(1)of the
following responsible parties, in the following order of priority if no individual in a
prior class is reasonably available, willing, and competent to act, shall be authorized
to make health care decisions on behalf of the patient:
(a)The judicially appointed guardian of the patient, if the guardian has been
appointed and if medical decisions are within the scope of the guardianship;
(b)The attorney-in-fact named in a durable power of attorney, if the durable
power of attorney specifically includes authority for health care decisions;
(c)The spouse of the patient;
(d)An adult child of the patient, or if the patient has more than one
(1)child, the
majority of the adult children who are reasonably available for consultation;
(e)The parents of the patient;
(f)The nearest living relative of the patient, or if more than one
(1)relative of the
same relation is reasonably available for consultation, a majority of the
nearest living relatives; or
(g)An adult friend of the patient who:
1. Has maintained regular contact with the patient; and
2. Is familiar with the patient's activities, health, and religious and moral
beliefs.
(2)In any case in which a health care decision is made under this section, the decision
shall be noted in writing in the patient's medical records.
(3)An individual authorized to consent for another under this section shall act in good
faith, in accordance with any advance directive executed by the individual who
lacks decisional capacity, and in the best interest of the individual who does not
have decisional capacity.
(4)In any case in which a health care decision is made under this section,
hospitalization for psychiatric treatment at a general hospital shall not exceed
fourteen
(14)consecutive days unless a court order is obtained under KRS Chapter
202A or 202B. For the purposes of this section, a general hospital is one that is not
owned or operated by the Commonwealth of Kentucky.
(5)An individual authorized to make a health care decision under this section may
authorize the withdrawal or withholding of artificially-provided nutrition and
hydration only in the circumstances as set forth in KRS 311.629(3).