KY Senate Bill 103 | NNA
Law

KY Senate Bill 103

Notary Law Update: KY Senate Bill 103

State: Kentucky

Summary:

Senate Bill 103 allows any adult of sound mind to sign a declaration concerning funeral services, ceremonies and disposition of remains after death that must be acknowledged before a Notary or other notarial officer.

Signed:  April 08, 2016

Effective:  July 15, 2016

Chapter: 59

Affects:

Creates an as yet uncodified section in Chapter 367 of the Kentucky Revised Statutes.

Changes:
  1. Allows any individual over 18 years of age and of sound mind to execute a declaration regarding funeral services, ceremonies and the disposition of remains after death.
  2. Requires a declaration to be in writing, signed by the declarant, dated, signed in the presence of 2 competent witnesses who are at least 18 years of age and acknowledged before a Notary or other person authorized to administer oaths.
  3. Provides rules for the declaration and for the competent witness who witness the signing of the declaration.
Analysis:

Advance medical directives and estate plans routinely require the involvement of a Notary when it comes to signing and attesting documents. Notaries are familiar with medical powers of attorney, living trusts, self-proving affidavits to last wills and other such instruments. Soon Kentucky Notaries may begin to see declarations directing a person's desires for interment and disposition of remains in a document that must be notarized. Senate Bill 103 authorizes this and the bill takes effect on July 15, 2016. For such a declaration to be effective, it must be signed voluntarily, dated, and witnessed by 2 competent witnesses. Finally, it must be acknowledged before a Notary or notarial officer.

Read the bill text.

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