Can a family member change the wishes made in a living will?
Full Question:
Can a family member change the wishes made in a living will? Can they keep the doctors from doing what was wished for by a patient?
05/08/2007 |
Category: Living Wills |
State: Kentucky |
#4152
Answer:
In Kentucky, the family must comply with the living will's wishes except to the extent the following statute applies:
311.633 Notification to attending physician and health care facility -- Effect of
refusal to comply -- Unlawful discriminatory practices.
(1) It shall be the responsibility of the grantor or the responsible party of the grantor to
provide for notification to the grantor's attending physician and health care facility
where the grantor is a patient that an advance directive has been made. If the grantor
is comatose, incompetent, or otherwise mentally or physically incapable, any other
person may notify the attending physician of the existence of an advance directive.
An attending physician who is notified shall promptly make the living will directive
or a copy of the advance directive a part of the grantor's medical records.
(2) An attending physician or health care facility which refuses to comply with the
advance directive of a patient or decision made by a surrogate or responsible party
shall immediately inform the patient or the patient's responsible party and the family
or guardian of the patient of the refusal. No physician or health care facility which
refuses to comply with the advance directive of a qualified patient or decision made
by a responsible party shall impede the transfer of the patient to another physician
or health care facility which will comply with the advance directive. If the patient,
the family, or the guardian of the patient has requested and authorized a transfer, the
transferring attending physician and health care facility shall supply the patient's
medical records and other information or assistance medically necessary for the
continued care of the patient, to the receiving physician and health care facility.
(3) No physician, nurse, staff member, or employee of a public or private hospital, or
employee of a public or private health care facility, who shall state in writing to the
hospital or health care facility his objection to complying with the advance directive
of a patient or a health care decision of a responsible party under KRS 311.621 to
311.643, on moral, religious, or professional grounds, shall be required to, or held
liable for refusal to, comply with the advance directive or health care decision as
long as the physician, nurse, staff member, or employee complies with the
requirements of subsection (2) of this section regarding patient notification and
patient transfer.
(4) It shall be unlawful discriminatory practice for any person to impose penalties or
take disciplinary action against or deny or limit licenses, certifications, degrees, or
other approvals or documents of qualification to any physician, nurse, staff member,
or employee who refuses to comply with the advance directive of a patient or a
health care decision by a responsible party under KRS 311.621 to 311.643, as long
as the physician, nurse, staff member, or employee complies with the provisions of
subsection (2) of this section regarding notification and transfer.
