367.9 3109 Immunity from liability for actions based on good -faith reliance on a declaration. (1) A person who acts in good -faith reliance on a declaration is immune from liability to the same extent as if the person had dealt directly with the declarant and the declarant had been a competent and living person. (2) A person who deals with a declaration may presume, in the absence of actual knowledge to the contrary, that: (a) The declaration was validly executed and has not been revoked; and (b) The declarant was competent at the time the declaration was executed. (3) The directions of a declarant expressed in a declaration are binding as if the declarant were alive and competent. (4) A crematory authority, licensed funeral director, or cemetery acting pursuan t to the terms of a declaration shall not be held liable for good -faith reliance on representations made in the declaration. Effective: July 15, 2016 History: Created 2016 Ky. Acts ch. 59, sec. 5, effective July 15, 2016.
Kentucky Legal Code