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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What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Kentucky

  1. 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.
  2. 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

  1. Court-appointed guardian (If medical decisions are within the guardianship)
  2. Attorney-in-fact under a durable power of attorney that includes health care
  3. Spouse
  4. An adult child, or a majority of reasonably available adult children
  5. The parents
  6. The nearest living relative, or a majority of nearest relatives of the same relation
  7. 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

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