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Law

KY Senate Bill 102

Notary Law Update: KY Senate Bill 102

State: Kentucky

Summary:

Senate Bill 102 makes it easier for clients or residents of a health facility to have their advance health care directives notarized.

Signed:  March 27, 2020

Effective:  July 14, 2020

Chapter: TBD

Affects:

Amends Section 202A.422 of the Kentucky Revised Statutes.

Changes:
  1. Exempts an owner, operator, employee, or relative of an owner or operator of a health facility in which the signer of an advance health care directive is a client or resident from the prohibition against serving as a Notary with respect to an advance directive if the owner, operator, employee, or relative serves as a Notary.
Analysis:

In Kentucky, an advance health care directive must either be witnessed before 2 adult witnesses or acknowledged before a Notary. In a health facility, notarization is often used because it may not always be possible to find 2 witnesses to serve and current law prohibits an owner, operator or relative of an owner or operator of a health care facility in which the person signing the health care directive is a client or resident from witnessing or notarizing a directive. Enacted in the current COVID-19 crisis, Senate Bill 102 will make it easier for clients and residents to have their health care directives notarized because it will now allow an owner, operator or relative of an owner or operator of a health care facility to notarize a client's or resident's directive.

To read the bill text, click Download PDF.

Download PDF

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