Kentucky Statutes 311.627 – Revocation
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(1) An advance directive made pursuant to KRS § 311.623 may be revoked by:
(a) A writing declaring an intention to revoke, which writing shall be signed and dated by the grantor;
(b) An oral statement of intent to revoke made by a grantor with decisional capacity in the presence of two (2) adults, one (1) of whom shall be a health care provider; or
(c) Destruction of the document by the grantor or by some person in the grantor’s presence and at the grantor’s direction.
(2) An oral statement by a grantor with decisional capacity to revoke an advance directive shall override any previous written advance directive made.
(3) Any revocation made pursuant to this section shall become effective immediately.
An attending physician or health care facility shall not be required to administer treatment in accordance with the revocation until the time notice of the revocation is received. Upon receiving notice of the revocation, the attending physician or health care facility shall record, in the grantor’s medical record, the time, date, and place of the notice receipt. No physician or health care facility shall be subject to any liability for acting in good faith upon the knowledge, or lack thereof, of the existence or revocation of an advance directive.
(4) The designation of a health care surrogate made pursuant to KRS § 311.623 may be revoked in whole or in part or the surrogate’s powers reduced or limited at any time by the grantor, if the grantor has decisional capacity. A new designation shall revoke any prior designation unless the revocation, in whole or in part, is specifically negated.
Effective: July 15, 1994
History: Created 1994 Ky. Acts ch. 235, sec. 4, effective July 15, 1994.
(a) A writing declaring an intention to revoke, which writing shall be signed and dated by the grantor;
Terms Used In Kentucky Statutes 311.627
- Grantor: The person who establishes a trust and places property into it.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(b) An oral statement of intent to revoke made by a grantor with decisional capacity in the presence of two (2) adults, one (1) of whom shall be a health care provider; or
(c) Destruction of the document by the grantor or by some person in the grantor’s presence and at the grantor’s direction.
(2) An oral statement by a grantor with decisional capacity to revoke an advance directive shall override any previous written advance directive made.
(3) Any revocation made pursuant to this section shall become effective immediately.
An attending physician or health care facility shall not be required to administer treatment in accordance with the revocation until the time notice of the revocation is received. Upon receiving notice of the revocation, the attending physician or health care facility shall record, in the grantor’s medical record, the time, date, and place of the notice receipt. No physician or health care facility shall be subject to any liability for acting in good faith upon the knowledge, or lack thereof, of the existence or revocation of an advance directive.
(4) The designation of a health care surrogate made pursuant to KRS § 311.623 may be revoked in whole or in part or the surrogate’s powers reduced or limited at any time by the grantor, if the grantor has decisional capacity. A new designation shall revoke any prior designation unless the revocation, in whole or in part, is specifically negated.
Effective: July 15, 1994
History: Created 1994 Ky. Acts ch. 235, sec. 4, effective July 15, 1994.