KY Senate Bill 103

Law

State: Kentucky
Signed: April 08, 2016

Effective: July 15, 2016
Chapter: 59

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.

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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