A Kentucky durable power of attorney form enables one person to make financial decisions on behalf of another person. The principal is the person granting authority while the agent or attorney-in-fact is the person who will be performing actions on behalf of the principal. This type of document remains effective even if the principal loses their mental capacity or ability to handle his/her own finances.
A durable power of attorney is generally used for financial and business matters in Kentucky. To grant durable power over medical decisions, you need a medical power of attorney.
Read on to learn how to use a durable power of attorney in the Bluegrass State.
Kentucky Durable Power of Attorney Requirements
In Kentucky, power of attorney forms are durable by default.
Relevant Laws: § 457.010 (Uniform Power of Attorney Act).
Presumed Durable: Yes – durability presumed (§ 457.040).
Signing: The signature of the principal is required.
Notarization: Signature presumed genuine if acknowledged before a notary public (§ 457.050). If the agent chooses to sign an optional Agent Certification document, this should also be acknowledged before a notary public (§ 457.050, § 457.430).
Statutory Form: Yes (§ 457.420).
How to Fill Out a Kentucky DPOA Form
Here is how to fill out a durable power of attorney form for Kentucky:
Step 1: Designate an Agent
Before completing the document, the principal must choose their agent—ideally, someone they trust, lives close by, and understands what a power of attorney is.
Both parties should write their names and addresses at the top of the durable power of attorney form.
Step 2: Grant Authority
At this point, the principal should indicate on the document the type of powers invested in the principal—either comprehensive powers or select powers that need to be outlined on the form. Here are a few examples:
- real estate transactions
- financial transactions
- retirement plan transactions
- stock, bond, and other securities transactions
- business operations
- tax and government benefits
- personal and family maintenance.
Step 3: Ensure Your Form is Durable
In Kentucky, a power of attorney is presumed to be durable unless it’s specified to be non-durable on the form.
Step 4: Sign and Date the Form
To complete the durable power of attorney in Kentucky, the agent and the principal must sign and date the form and acknowledge it before a notary public.
Before mid-2018, Kentucky laws also required the signature of two disinterested witnesses. This is not mandatory anymore, but you can have your POA witnessed if you expect some family members to contest the validity of your document.
Storing and Using Your DPOA Form in Kentucky
Once completed, the DPOA can take effect immediately or you can indicate on the form when or under what circumstances it should take effect.
Either way, it’s a good idea to store it in a safe deposit box or secure place in your home and let your family know of its whereabouts. You should also prepare copies for your agent, family members, or other third parties where it will be used (such as your landlord, bank, or a state agency).
Signing on Behalf of the Principal
For the agent to be able to sign on your behalf, you should contact the third party or place the DPOA will be used. Make sure you provide your and your agent’s IDs as you do so.
The agent can then sign on your behalf as follows:
by [Agent’s name]
Power of attorney
Revoking a Durable Power of Attorney in Kentucky
To revoke a durable power of attorney in Kentucky, the principal must complete and file a revocation of power of attorney.
If you’ve named your spouse as an agent on your DPOA, their authority automatically ends if either of you files for divorce.