What Is a Kentucky Power of Attorney?
A Kentucky power of attorney is a legally binding arrangement between a principal and an agent. The principal creates this document to allow the agent to act on their behalf. In Kentucky, a POA contract operates under the Uniform Power of Attorney Act. According to these guidelines, the principal must be 18 and of sound mind when creating their power of attorney.
Our free Kentucky power of attorney document builder makes meeting state requirements for a valid contract easy. Use our templates to protect your wishes and enable the agent.
Types of Powers of Attorney in Kentucky
Different types of powers of attorney can make your contract more specific to meet your needs. Kentucky recognizes POAs for various purposes and durations. Evaluate the common types of powers of attorney to find the one that works for you.
Durable vs. Non-Durable
A power of attorney agreement can be designated durable or non-durable. In a durable power of attorney, the agent retains authority even after the principal becomes incapacitated. A non-durable POA ends at the time of incapacitation. KY Rev Stat § 457.040 states that every power of attorney is assumed to be durable unless stated otherwise.
Financial
Using a financial POA form allows you to give your agent control over your assets. KY Rev Stat § 457.270 – 457.400 outlines the general and specific powers provided in a financial POA. These powers include, but are not limited to, the following:
- access to bank accounts
- control of personal property
- power over Insurance accounts
- management of stocks and bonds
- authority to file taxes
Medical
A medical POA details the level of authority you want to provide your agent when handling medical situations. In Kentucky, this may be referred to as the powers of health care surrogate. With this document, you can give the following authority to your agent or surrogate:
- access to medical records
- management of health care treatments
- ability to hire medical professionals
- power to admit or discharge the principal from medical facilities
The powers and limitations can be found in KY Rev Stat § 311.629, including the different general or special authorities. Kentucky also allows a medical POA to be combined with your living will, thus forming an advance directive. State laws note that the agent must follow the preferences outlined in your advance directive.
Durable (Financial)
Allows your agent to continue making decisions on your behalf even after you lose the capacity to act.
Signing Requirements: Notary public.
Non-Durable (General)
Appoints an agent to exercise power over your finances.
Signing Requirements: Notary public.
Limited
Gives a trusted third party certain powers to manage another person's specific affairs (often on a temporary basis).
Signing Requirements: Notary public.
Springing
"Springs" into action when a certain event occurs (such as if the principal becomes incapacitated).
Signing Requirements: Notary public.
Tax (Form 20A100)
Allows an individual to delegate a representative to manage their tax matters with the Kentucky Department of Revenue.
Signing Requirements: Taxpayer(s) and representative(s).
Vehicle (Form TC96-336)
The agent may execute vehicle-related transactions such as transfer of ownership on behalf of the principal.
Signing Requirements: Notary public.
Real Estate
Use this for real estate transactions, like buying or selling property.
Signing Requirements: Notary public.
Minor (Child)
Use this to temporarily grant another adult decision-making authority over a child’s healthcare and education.
Signing Requirements: Notary public.
Revocation
Use to end a previous power of attorney agreement, allowing the principal to revoke the agent’s authority.
Signing Requirements: Two witnesses and/or notary public (recommended).
How to Write a Power of Attorney for Kentucky
Writing a Kentucky power of attorney requires following the state guidelines and including the proper information. The principal must ensure compliance and accuracy to protect themselves and their agents. Create your power of attorney document with the following steps:
- Name the agent and principal: Provide the full legal name and address of the principal and agent. Also include any successor agents or co-agents.
- Grant general authority: Go through the list of general authorities and select whether to grant each ability to the agent.
- Add specific powers: Include additional powers not provided by the general authority. This may include the ability to handle trusts, beneficiaries, and gifts.
- Include special instructions: Write special instructions for your property, health care, or finances. You can add preferences not included in the general or specific authorities.
- Finalize and sign: Review the information and authorities in your document for accuracy and compliance. Once satisfied with your document, sign, file, or notarize it as needed.
Kentucky Power of Attorney Requirements & Legal Considerations
Creating and enforcing a Kentucky power of attorney requires your document to meet the legal guidelines. Explore the following requirements and considerations to make an effective POA.
Notarization
It is recommended that you have your Kentucky POA notarized to ensure that it is enforceable. According to KY Rev Stat § 457.050, the notarization of the POA document makes it presumed genuine. Specific types, such as medical or tax POAs, may have different signature requirements, including the need for witnesses or representatives.
Filing
Typically, you don’t have to file a general power of attorney, but it depends on the assets and authorities included. Under KY Rev Stat §382.370, any POA that provides control over real estate must be filed with the County Clerk’s office in the county where the property is located. In addition, medical and financial institutions need a copy of the document to verify the agent’s abilities.
Agent Certification
Kentucky also offers an optional form known as an agent certification. The agent can use this document to clarify, verify, and enforce the facts of the power of attorney. This form restates which authority the agent can or cannot exercise. KY Rev Stat § 457.430 provides additional guidelines and a sample agent certification.
Revocation
Understanding how to revoke powers of attorney can be as important as assigning them. When the arrangement no longer works for the parties involved, it can be revoked. The principal and agent may end the contract at any time by revoking the authority in writing and providing notice. Any actions taken in good faith prior to the agent’s awareness of the principal’s revocation remain valid. KY Rev Stat § 457.100 lists the possible methods of revocation, such as:
- Principal incapacitation: In a non-durable agreement, the principal’s incapacitation automatically revokes the agent’s ability to act.
- Principal revocation: The principal can end the contract by writing a revocation of power of attorney and delivering it to the agent.
- Agent resignation: If the agent is no longer willing or able to serve, they can write an agent resignation to be delivered to the principal or guardian. This relieves them of their authority to act on the principal’s behalf.
- Occurrence of specified event: In a limited power of attorney, the agent’s authority ends when the specified event occurs
- Divorce or separation: In cases where the principal’s spouse is the agent, filing for a divorce or legal separation triggers revocation of their powers of attorney.
