(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.
Effective: July 15, 2016
History: Created 2016 Ky. Acts ch. 59, sec. 7, effective July 15, 2016.