Kentucky Statutes 311.641 – Civil liability and criminal penalty for falsification or destruction of advance directive
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(1) Any person who willfully conceals, cancels, defaces, obliterates, or damages the advance directive of another without the grantor‘s consent or who falsifies or forges a revocation of the advance directive of another, thereby causing life-prolonging treatment to be utilized in contravention of the previously expressed intent of the patient shall be civilly liable.
(2) Any person who falsifies or forges the advance directive of another, or willfully conceals or withholds personal knowledge of the revocation of an advance directive, with the intent to cause a withholding or withdrawal of life-prolonging treatment, contrary to the wishes of the grantor, and thereby causes life-prolonging treatment to be withheld or withdrawn and death to be hastened, shall be guilty of a Class B felony.
For details, see § 532.060
Effective: July 15, 1994
History: Created 1994 Ky. Acts ch. 235, sec. 11, effective July 15, 1994.
(2) Any person who falsifies or forges the advance directive of another, or willfully conceals or withholds personal knowledge of the revocation of an advance directive, with the intent to cause a withholding or withdrawal of life-prolonging treatment, contrary to the wishes of the grantor, and thereby causes life-prolonging treatment to be withheld or withdrawn and death to be hastened, shall be guilty of a Class B felony.
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | between 10 and 20 years | between $1,000 and $10,000 |
Terms Used In Kentucky Statutes 311.641
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Grantor: The person who establishes a trust and places property into it.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
Effective: July 15, 1994
History: Created 1994 Ky. Acts ch. 235, sec. 11, effective July 15, 1994.