A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.

Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.

In Kentucky, a living will is recognized under the Kentucky Living Will Directive Act. This document allows an individual, known as the declarant, to outline their wishes regarding medical treatment in the event that they are unable to communicate due to a medical emergency. The living will can include instructions on whether to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal condition or permanently unconscious. Kentucky law also allows for the designation of a health care surrogate to make decisions on behalf of the declarant if they are incapacitated. The living will and designation of a health care surrogate must be in writing, signed by the declarant (or someone authorized by the declarant), and witnessed by two adults who are not related to the declarant by blood or marriage and who would not be entitled to any portion of the declarant's estate. It is important for Kentucky residents to ensure that their living will complies with state statutes to be legally enforceable.