Public-domain · open source
OpenJurist

KRS 367.93113

Events that revoke a designation of authority in a declaration to the declarant's spouse

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) The following events that occur subsequent to a declaration shall act as a revocation of a designation of authority in a declaration to the declarant's spouse to direct the disposition of the declarant's body or to make all arrangements concerning funeral services and other ceremonies after the declarant's death, unless otherwise expressly provided in a declaration:

(a) Dissolution of marriage;

(b) Annulment of marriage;

(c) Legal separation; or (d) Court determination that the declarant and spouse were physically and emotionally separated at the time of death and the separation was for an extended time that clearly demonstrated an absence of affection, trust, and regard for the declarant.

(2) In the event a spouse's designation is disqualified pursuant to subsection (1) of this section, the alternate designee, if any, shall assume the responsibility for 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.