A Kentucky durable power of attorney form enables one person to make financial decisions on behalf of another person. The principal is the one 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 their own finances.
Laws
In Kentucky, power of attorney forms are durable by default.
- Statute: § 457.010 (Uniform Power of Attorney Act).
- Presumed Durable: Yes – durability presumed (§ 457.040).
- Signing Requirements: 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).
