A Kentucky Power of Attorney is a legal document that allows a person to transfer authority to a representative to act on their behalf in transacting and managing specific affairs.
The principal is the actor who transfers the powers, and the representative is the agent whom the transferred powers are being vested upon.
Kentucky has again enacted changes to its laws guiding powers of attorney on the 18th of July 2020 in the Uniform Power of Attorney Act.
These documents are filled out so that in any event where the principal is incapacitated, unavailable, or someone else has to take care of their transactions on their behalf, for the medical, financial, business affairs, etc. Interests will be very well taken care of by a reliable representative. The importance of having someone you trust, such as a spouse, relative, or close friend, as your representative cannot be overemphasized.
For example, you could find yourself in a situation where you are on a business trip, and you can’t be available to sign some very important document, or perhaps you are incapacitated as a result of a health condition. A power of attorney can ensure your best interest is implemented in such situations.
Statutory Forms
Kentucky laws also make a statutory form with a list available so that you can easily tick out the powers you would want to be conferred on your representative. This helps greatly in easing the process and also in reducing the risks of exploitation and confusion that could arise if everyone were allowed to write the terms of a power of attorney however they please. Every provision in the form is expressly defined by statute so that principals will fully understand the implication of whatever item on the list they decide to transfer to an agent.
Types of Kentucky POA
The following is a well-detailed list of Kentucky power of attorney forms:
Advanced Directives
An advanced directive power of attorney in Kentucky is a form that states the guidelines hospitals will follow on how patients would like to be treated, especially if they have agents who will represent their medical needs. This directive combines the medical power of attorney and a living will that helps end-of-life treatment options for the principal. It must be sanctioned by state-wide law and the presence of two witnesses or a notary public. It is required that the form be made easily accessible subsequently for future uses. An advance directive power of attorney is comprised of a living will and a health care surrogate designation.
There are five versions of the advanced directive form in Kentucky. Alabama Hospital Association, Baptist First, Homestead Hospice, Huntsville Hospital, and the Spanish (Española) version.
The law guiding is the Kentucky Living Will Directive Act (§ 311.621 to § 311.647).
Download: Microsoft Word (.docx)
Durable (Statutory) Power of Attorney
The statutory power of attorney form in Kentucky aids in situations where a person (i.e., the principal) wants to delegate their power to carry out financial activities to an agent (i.e., representative). It is known as "durable" basically as a result of the ability of the agent who has been vested with a power of attorney to continue acting on their delegated capacity even when the principal loses their mental or even physical capabilities. The principal must sign this document in the presence of a notary public.
The guiding law is the Kentucky Revised Statutes Chapter 457 (Uniform Power of Attorney Act).
Download: Microsoft Word (.docx)
General (Financial) Power of Attorney
This allows a principal to delegate powers to the agent to manage their transactions and affairs in Kentucky. The agent must be someone in whom the principal can place their trust as they will have broad access to the principal's financial affairs. What differentiates this from the durable power of attorney is that the general power of attorney in Kentucky is rendered invalid if the principal is mentally incapacitated to make judgments for themselves. If what you want is a power of attorney that runs through even after you are incapacitated, the Kentucky durable power of attorney should be your go-to option. It is required that the principal signs this before a notary public. The law governing this power of attorney is the Uniform Power of Attorney Act (§§ 457.010 — 457.460).
Download: Microsoft Word (.docx)
Limited Power of Attorney
In Kentucky, this is when a principal can delegate his powers to his agent to carry out a specific matter. To avoid confusion with a broader power of attorney, the form in Kentucky must be written to the effect of that specific transaction alone. You must ensure that your agent will carry out the transaction in your best interest. The principal must sign this form in the presence of a notary public. The law governing limited powers of attorney is the – Uniform Power of Attorney Act (§§ 457.010 — 457.460).
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Download: Microsoft Word (.docx)
Minor Power of Attorney
The Kentucky minor power of attorney is a form that a parent will fill to delegate powers to another person to make decisions for their children in case of an event where they won't be available to make such decisions for the children. This is important in cases where parents will be apart from their children for a while or when they are hospitalized for an extended period, deployed in the military, etc., and won't be available to make certain decisions that may arise in their children's life. The law governing this is 27 A.095, and it is required that it is signed before a notary public.
Download: Microsoft Word (.docx)
Revocation of Power of Attorney
This form is to be used in Kentucky when a principal wants to revoke a power of attorney they earlier delegated to an agent. The form can be used to withdraw any power of attorney.
It is also imperative that when filling and executing this form, the previous agents of the power of attorney should be notified and any concerned institutions so that they do not carry out authority based on a power of attorney that has been revoked.
They will not be held liable if they continue to behave though it had not been revoked. The revocation form is to be signed before a notary public.
Download: Microsoft Word (.docx)
Real Estate Power of Attorney
In Kentucky, the real estate power of attorney is used to grant an agent permission to engage in functions with real property in that agent's name. For example, this can be done by a principal to facilitate the sale, purchase, refinancing, or management of the real property. The agent, in this case, could be a company, a knowledgeable lawyer, or perhaps an individual that the principal trusts to hand a segment or totality of their real property. After the document has been completed with relevant signatures, the notary who witnessed it must provide acknowledgment for it to come to effect. It is important to note that this power of attorney can be revoked at any moment, provided the principal hands with the agent a notice of revocation. The statute governing this document is the Uniform Power of Attorney Act (E§§ 457.010 — 457.460).
Download: Microsoft Word (.docx)
Tax Power of Attorney
Also known as IRS power of an attorney form 2848, this is a form that a principal can use to authorize an accountant or somebody else to file federal taxes on their behalf. Both individuals and entities could use this. It also authorizes a tax attorney or accountant to stand on a principal's behalf and submit taxes to the IRS. This power of attorney form must be filed with the correct tax authority by the principal by mail or e-file in Kentucky.
Download: Microsoft Word (.docx)
Vehicle Power of Attorney
This type of limited power of attorney where an agent is authorized by a principal to the title, register, or carry out any function related to a vehicle in Kentucky with the Kentucky Bureau of Motor Vehicles. The document must be signed before a notary public.
Download: Microsoft Word (.docx)
Governing Laws
The law governing the powers of attorney in Kentucky is the Kentucky Revised Statutes Chapter 457 (Uniform Power of Attorney Act).
Some of its new provisions include the following:
- A POA is now required to be signed before a notary public and two disinterested witnesses.
- All POAs are to be considered durable except when stated otherwise.
- All agents are now statutorily entitled to reasonable compensation.
Another governing statute is Kentucky Revised Statutes Chapter 311, Sections .621 to .643 – Kentucky Living Will Directive Act which describes the following:
- Powers of agents and life-prolonging acts: An agent can make decisions for the principal when they are incapacitated, provided such decisions are empowered to them in the POA. These decisions are instances where death is imminent, nutrition can’t be physically administered, or withdrawing nutrition or hydration when the principal is permanently unconscious.
- Revocation of power of attorney: An advanced health directive can be revoked like any other POA.
- Legal requirements for durable power of attorney: A health care POA can be created by an adult possessing the ability to make decisions, a signed and dated written document by the creator, one or two designated surrogates being present, and two disinterested witnesses and a notary public.
- If a physician is unwilling to follow the POA: If a doctor is unwilling to comply with the POA to transfer the duty to a doctor, should inform the patient and guardian of the family. Doctors can’t be criminally liable for withdrawing life support in line with a valid POA.
- Validity of directives from other states: Health care providers can comply with agents created by POAs in other states as long as the provisions of such POAs are in line with accepted medical practice.
Customizable POA Forms
Kentucky Power of Attorney Requirements
For a power of attorney to be valid, it must have:
- The principal’s full contact details and signature
- The name and contact details of the agent
- It must be dated
- The powers granted to the agent must be explicitly stated
- Under the new law, the principal must now sign the form in the presence of a notary public if a power of attorney is to be regarded as valid in Kentucky. Previously, the presence of two disinterested witnesses was sufficient.
Express Vs. General Grant of Authority
The latest legislation differentiates express grants of authority from general grants of authority in the statutory form. Express grants of authority are limited by the provision of specific actions that can be taken under general grants of authority in subsections of the statute. KRS 457,420 states nine possible ways through which an agent could act under a general grant of authority about a principal’s real property.
A general grant of authority is achieved by choosing the power on the statutory form. However, in the case of an express grant of authority, the principal must state in specific words that the agent has the power to conduct certain actions within a power of attorney.
How to Get Power of Attorney in Kentucky?
To get the form, the principal and their agents will have to fill it and become signatories to a power of attorney in Kentucky. The Kentucky revised statutes at chapter 457, also known as the Uniform Power of Attorney Act, is the statute that gives and governs power of attorney in Kentucky.
Bottom Line
It would help if you had an agent you could trust, but more importantly, that person should be at least knowledgeable in the area where you need the Kentucky power of attorney form. This will help your agent make the best decisions for you, whether medical, financial, tax-related, or vehicle affairs.
