Kentucky Surrogate Decision Maker Lookup
Who can make medical and money decisions for an adult in Kentucky who cannot decide: an agent, a guardian, or Kentucky's default surrogate order. Runs in your browser; nothing is stored.
Kentucky law checked against official sources on October 26, 2026.
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Who has authority in Kentucky
- With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
- If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.
Kentucky's default surrogate order
- Court-appointed guardian (If medical decisions are within the guardianship)
- Attorney-in-fact under a durable power of attorney that includes health care
- Spouse
- An adult child, or a majority of reasonably available adult children
- The parents
- The nearest living relative, or a majority of nearest relatives of the same relation
- An adult friend who kept regular contact and knows the patient's activities, health and beliefs (Added by 2024 Ky. Acts ch. 138 (Seth's Law), effective July 15, 2024)
- What it covers
- Responsible parties may make health care decisions for an adult a physician finds lacks decisional capacity, when there is no advance directive or it does not cover the decision.
- If more than one person is in the same group
- Adult children, and nearest relatives of the same relation, act by majority of those reasonably available.
- Who decides the person cannot decide
- The patient's physician determines lack of decisional capacity.
- Limits
- Psychiatric hospitalization at a general hospital under a surrogate decision is limited to 14 consecutive days without a court order.
- Withholding or withdrawing tube feeding is allowed only in the circumstances in KRS 311.629(3).
- The decision-maker acts in good faith, consistent with any advance directive, and in the patient's best interest.
Source: KRS 311.631 · Checked October 26, 2026
Who decides in Kentucky without a power of attorney?
Kentucky's default surrogate law (KRS 311.631) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse.
Kentucky's default surrogate law in full
Kentucky's default surrogate order
- Court-appointed guardian (If medical decisions are within the guardianship)
- Attorney-in-fact under a durable power of attorney that includes health care
- Spouse
- An adult child, or a majority of reasonably available adult children
- The parents
- The nearest living relative, or a majority of nearest relatives of the same relation
- An adult friend who kept regular contact and knows the patient's activities, health and beliefs (Added by 2024 Ky. Acts ch. 138 (Seth's Law), effective July 15, 2024)
- What it covers
- Responsible parties may make health care decisions for an adult a physician finds lacks decisional capacity, when there is no advance directive or it does not cover the decision.
- If more than one person is in the same group
- Adult children, and nearest relatives of the same relation, act by majority of those reasonably available.
- Who decides the person cannot decide
- The patient's physician determines lack of decisional capacity.
- Limits
- Psychiatric hospitalization at a general hospital under a surrogate decision is limited to 14 consecutive days without a court order.
- Withholding or withdrawing tube feeding is allowed only in the circumstances in KRS 311.629(3).
- The decision-maker acts in good faith, consistent with any advance directive, and in the patient's best interest.
Source: KRS 311.631 · Checked October 26, 2026
How authority works when someone cannot decide
An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.
The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.
For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.
There is no "next of kin" list for money
Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.
Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.
What this tool does not do
- It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
- It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
- Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
- It is general legal information, not legal advice for your situation.
Frequently Asked Questions
Who makes medical decisions in Kentucky if there is no power of attorney?
Kentucky's default surrogate law (KRS 311.631) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse. The full order, tie rule and limits are in KRS 311.631.
Does next of kin in Kentucky have authority over money?
No default surrogate law covers money. In Kentucky, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.
Sources
- KRS 311.631 (Responsible parties authorized to make health care decisions (311.631))
- Social Security: representative payee FAQ
Kentucky law checked against the official text on October 26, 2026.
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