A Kentucky power of attorney revocation form terminates a previous power of attorney agreement, allowing the principal to end the agent’s authority. It’s vital for the person revoking to fill out and sign this form, providing details about the parties involved, the original POA, and the revocation date.
For the revocation to be effective, the principal must also notify the agent and any relevant institutions, ensuring they are aware the POA has been revoked and preventing them from continuing actions under the former agreement’s terms.
Legal Considerations
Statute – § 457.100(1)(d)
Signing Requirements – Two witnesses and/or notary public (recommended).
Revocation and Termination
As per § 457.100, several steps and considerations must be considered when revoking or terminating a POA.
To revoke a power of attorney in Kentucky, the following steps are required:
- Provide a written notice of revocation to the agent and any third parties acting under the POA.
- Retrieve all copies of the document from the agent and any institutions where it was presented.
- File the revocation notice with the same office where the original document was recorded, if applicable.
Considerations
- Does not terminate automatically in case of the incapacity of the principal, unless specified otherwise in the document.
- The death of the principal does not terminate unless specified otherwise.
- Termination of an agent’s authority or power of attorney doesn’t affect a person who acts in good faith without knowledge of the termination.
- An act performed in such good faith is binding to the principal and their successors in interest.
- Execution doesn’t revoke a previously executed power of attorney unless the subsequent POA explicitly states so.
Fees
- Notary fees: Notarization of the revocation is recommended, with costs ranging from $10 per signature.
- Recording fees: If the original document was recorded, the revocation should be, too, for $25 to $50, depending on the county.
Resources
- Kentucky Bar Association – A voluntary lawyers’ group focused on enhancing legal practice and justice administration.
- Legal Aid Network of Kentucky – A non-profit offering free legal info and services to low-income people and families.
Related Forms
