Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
311.1911 et seq., 367.93101, 367.93103,
367.93105, 367.93107, 367.93109, 367.93111, 367.93113, 367.93115, 367.93117,
367.93121, 367.97501, 367.97514, 367.97524, 367.97527
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
367.93101(3) requires the
Office of the Attorney General to promulgate administrative regulations to
prescribe a funeral planning declaration form. This administrative regulation
prescribes the funeral planning declaration form identified in
KRS
367.93101(3) and described
in
KRS
367.93101 to
367.93121,
by which an individual declarant may set forth the declarant's preferences
regarding the manner of disposition of the declarant's remains.
Section 1. Funeral Planning Declaration. The
Funeral Planning Declaration, Form FPD-1, required by
KRS
367.93101(3), shall contain:
(1) The date the declaration is
made;
(2) The name of the
declarant;
(3) A statement
providing that the declarant shall be at least eighteen (18) years of age and
of sound mind;
(4) A statement
providing that the declarant willingly and voluntarily makes known the
declarant's instructions concerning funeral services, funeral and cemetery
merchandise, ceremonies, and the disposition of the declarant's remains after
the declarant's death;
(5) A
statement that by executing the declaration any previous declaration is
revoked;
(6) Statements informing
the declarant of the following concerning a designee:
(a) A designee is an individual designated
and directed by the terms of the declaration to carry out the declarant's
funeral plan or make arrangements concerning disposition of the declarant's
remains, funeral services, cemetery merchandise, funeral merchandise, or
ceremonies;
(b) If the declarant
does not designate a designee in the declaration, the declarant shall provide
instructions concerning funeral services, ceremonies, and the disposition of
the declarant's remains;
(c) A
person is not considered to be entitled to any part of the declarant's estate
solely by virtue of being designated in the declaration to serve as the
declarant's designee;
(d) The
declarant's designee shall not be a provider of funeral or cemetery services,
or employed by any entity responsible for providing funeral or cemetery
services or disposing of the declarant's remains, unless the designee is
related to the declarant by birth, marriage, or adoption;
(e) A designee shall not be a witness to the
declaration; and
(f) If the
designee or alternate designee fail to assume an obligation set forth in the
Funeral Planning Declaration, Form FPD-1, within five (5) days of notification
of the declarant's death, the authority to make arrangements shall devolve
pursuant to the terms of the Funeral Planning Declaration, Form FPD-1, or
KRS
367.93117;
(7) If the declarant elects, a statement
identifying the name of a designee who shall carry out the instructions that
are set forth in the declaration;
(8) If the declarant elects to name an
alternate designee, a statement identifying the name of an alternate designee
if the designee is unwilling or unable to act;
(9) If the declarant elects to not select a
designee, a statement that the declarant elects to not select a designee and
that the declarant directs that the instructions listed in the declaration for
funeral services, ceremonies, and the disposition of the declarant's remains be
followed;
(10) Instructions for
actions to be taken after the declarant's death, indicating by initials or
marks beside each instruction selected by the declarant, from the following:
(a) Concerning disposition of the declarant's
body, one (1) of the following:
1. The
declarant directs that the declarant's body be buried and, if so,
where;
2. The declarant directs
that the declarant's cremated remains be disposed of by one (1) of the
following methods, or, if no method of disposition is selected, the declarant
leaves the decision to the designee:
a. By
placing the cremated remains in a grave, crypt, or niche and, if so,
where;
b. By scattering them in a
scattering area; or c. On private property with the consent of the
owner;
3. The declarant
directs that the declarant's body be entombed and, if so, where;
4. The declarant directs that the declarant's
body be donated as an anatomical gift pursuant to
KRS
311.1911, et. seq., if the declarant has not
selected another method for donation of the declarant's body; or
5. The declarant intentionally makes no
decision concerning the disposition of the declarant's body and leaves the
decision to the designee;
(b) Concerning arrangements, any of the
following selected by the declarant:
1. The
declarant directs that funeral services be obtained and, if so, from whom, or,
if no person from whom to obtain funeral services is selected, then the
designee may decide;
2. The
declarant directs that funeral and ceremonial arrangements are to be made and,
if so, providing instructions regarding the funeral and ceremonial
arrangements;
3. The declarant
directs the selection of a grave memorial, monument, or marker, and, if so,
providing instructions regarding the grave memorial, monument, or
marker;
4. The declarant directs
the selection of funeral and cemetery merchandise and other property for the
disposition of the declarant's remains, funeral, or other ceremonial
arrangements, and, if so, providing instructions regarding the funeral and
cemetery merchandise and other property for the disposition of the declarant's
remains, funeral, or other ceremonial arrangements; or
5. The declarant directs that the designee
make all arrangements concerning ceremonies and other funeral or burial
services;
(c) Any
additional instructions requested by the declarant; and
(d) A statement that the declarant directs
that the declarant's designee make alternate arrangements to the best of the
designee's ability if it is impossible to make an arrangement specified in the
Funeral Planning Declaration, Form FPD-1, because:
1. A funeral home or other service or
merchandise provider is out of business, impossible to locate, or otherwise
unable to provide the specified service; or
2. The specified arrangement is impossible,
illegal, or exceeds the funds available or is inconsistent with the terms of
the pre-arranged funeral or cemetery contract;
(11) A statement that it is the declarant's
intention that the declarant's Funeral Planning Declaration, Form FPD-1, be
honored by the declarant's family and others as the final expression of the
declarant's intentions concerning the declarant's funeral and the disposition
of the declarant's body after the declarant's death, and that the declarant
understands the full import of this declaration;
(12) Concerning execution of the Funeral
Planning Declaration, Form FPD-1:
(a) The
signature of the declarant or another person in the declarant's presence and at
the declarant's direction, the signature date, and the city, county, and state
of the declarant's residence; and
(b) If applicable, the printed name of the
person who signed at the declarant's direction;
(13) The signatures of two (2) witnesses,
printed name, and date of signature of each witness, immediately following a
statement that each witness believes;
(a) The
declarant to be of sound mind and to have willfully and voluntarily executed
the Funeral Planning Declaration, Form FPD-1;
(b) That the witness did not sign the
declarant's signature or at the direction of the declarant;
(c) That the witness is not a designee of the
declarant;
(d) That the declarant
signed the declaration in the presence of the witness; and
(e) That the witness is competent and at
least eighteen (18) years of age; and
(14) An acknowledgement before a notary
public or other person authorized to administer oaths, including the signature
and title of the notary public or other person authorized to administer oaths,
and the date of the signature, immediately following a statement that the
declarant appeared before the notary public or other person authorized to
administer oaths and acknowledged that the declarant voluntarily dated and
signed the Funeral Planning Declaration, Form FPD-1, or directed the Funeral
Planning Declaration, Form FPD-1, to be signed and dated in the declarant's
presence, and the date of the acknowledgement.
Section 2. Incorporation by Reference.
(1) "Funeral Planning Declaration", Form
FPD-1, 04-17, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Office of the Attorney
General, Office of Consumer Protection, 1024 Capital Center Drive, Suite 200,
Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30
p.m.