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KRS 367.93109

Immunity from liability for actions based on good-faith reliance on a declaration

Applied in 1 court decision — leading case Harrod v. Caney (2018)

Most recently applied in Harrod v. Caney (February 2018)

Effective: July 15, 2016 History: Created 2016 Ky

(1) A person who acts in good-faith reliance on a declaration is immune from liability to the same extent as if the person had dealt directly with the declarant and the declarant had been a competent and living person.

(2) A person who deals with a declaration may presume, in the absence of actual knowledge to the contrary, that:

(a) The declaration was validly executed and has not been revoked; and (b) The declarant was competent at the time the declaration was executed.

(3) The directions of a declarant expressed in a declaration are binding as if the declarant were alive and competent.

(4) A crematory authority, licensed funeral director, or cemetery acting pursuant to the terms of a declaration shall not be held liable for good-faith reliance on representations made in the declaration.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.