Legal Question in Wills and Trusts in Kentucky

durable POA or living will

Please explain the process I need to follow in order to make end of life plans for my ill loved one. We need to address issues of medical treatment wishes, etc. What are differences between durable POA, living will, health care surrogate,etc? Am I required by KY law to use an attorney to create these or can we do it ourselves? Will it need to be notarized? How/where do I find forms? (Cost is a huge issue.) Any & all advice is greatly appreciated. Where can I turn for free or low-cost help and answers to questions I might have?

Thanks so much..


Asked on 11/28/04, 11:56 pm

2 Answers from Attorneys
Martin Kasdan, Jr. Martin Z. Kasdan, Jr., Attorney at Law

Re: durable POA or living will

What are differences between durable POA, living will, health care surrogate, etc? A: Durable POA is a POA which continues to be effective even if the person granting it becomes incapacitated; living will is a document to advise healthcare providers of your wishes regarding treatment of a terminal condition; to be blunt, it is the issue of whether or not to "pull the plug" if there is no reasonable hope for recovery; HCS is like a POA, only for health rather than financial issues. I have no idea what "etc" would be.

Forms are available in the Kentucky Revised Statutes, but they are "one size fits all." Please feel free to contact me for a no-obligation discussion of fees if you so choose.

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Answered on 11/29/04, 11:01 am
A Woodson Pulliam Pulliam Law Office

Re: durable POA or living will

If you do not know the difference between a power of attorney, living will and health care surrogte, you really must see an attorney. All of these are routinely prepared for $40.00 to $70.00 per document. If your ill loved one can't afford this small expense, it is doubtful you need these documents anyway.

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Answered on 12/06/04, 2:02 pm


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