Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 2 - Office of Consumer Protection › Section 40 KAR 2:145 - Funeral planning declaration form

Current through Register Vol. 51, No. 1, July 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.