367.93103 Funeral planning declarations.
369 words·~2 min read·
/ky/chapter-367/367-93103A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A person who is of sound mind and is at least eighteen
(18)years of age may
execute a declaration.
(a)A declaration shall not be included in:
1. A will;
2. A power of attorney; or
3. A similar document.
(b)If a declaration is included in any of the documents listed in paragraph
(a)of
this subsection, it shall not invalidate the document but the declaration
contained therein is not enforceable.
(3)A declaration shall designate an individual to serve as the designee, or if no
designee is designated shall provide instruction concerning funeral services,
ceremonies, and the disposition of remains after death.
(4)A declaration, at a minimum, shall be:
(a)Voluntary;
(b)In writing;
(c)Signed by the declarant or by another person in the declarant's presence and at
the direction of the declarant;
(d)Dated;
(e)Signed in the presence of at least two
(2)competent witnesses who are at least
eighteen
(18)years of age at the time they sign the declaration; and
(f)Acknowledged before a notary public or other person authorized to administer
oaths.
(5)A declaration is not binding upon a funeral home, a cemetery, or any person
engaged in the business of providing funeral services, selling merchandise or grave
markers, or providing a service or other property subject to the declaration until the
funeral home, cemetery, or person receives full payment for the service,
merchandise, or other property.
(6)A person is not considered to be entitled to any part of the declarant's estate solely
by virtue of being designated by the declarant to serve as his or her designee.
(7)Unless an individual is related to the declarant by birth, marriage, or adoption, a
declarant shall not designate an individual to be his or her designee or alternate
designee who is:
(a)A provider of funeral or cemetery services; or
(b)Employed by any entity that is responsible for providing funeral or cemetery
services or disposing of the declarant's remains.
(8)The following shall not be a witness to a declaration:
(a)The person who signed the declaration on behalf of and at the direction of the
declarant; or
(b)The person identified as the designee.