The Kentucky Power of Attorney is the standard instrument used to delegate personal powers to an agent so that they may legally carry out one’s will. There are actually a number of POAs that offer varying functions, the most popular being those that grant authority relative to the principal’s finances and medical care. If this is something that you are considering, you should first determine what powers you would like to provide, who you think would be a trustworthy attorney-in-fact, and what limitations should be applied to the authority conveyed. Once you have chosen a form and inserted the requisite data, executors will generally be obliged to sign the document and receive the acknowledgment of at least two (2) witnesses or a notary public.
Laws
Statutes – Kentucky Uniform Power of Attorney Act (Chapter 457)
Definition – “Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used (§ 457.020(7)).
Statutory Form – § 457.420
Signing Requirements – Acknowledgment of Notary Public (§ 457.050(2))
By Type (9)
- Advance Directive (Medical POA & Living Will)
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive (Medical POA & Living Will) – The ultimate document for covering your bases in regard to future healthcare decisions, allowing users to appoint a healthcare surrogate as well as establish their own preferences.
Download: PDF
Signing Requirements: Acknowledgment of Two (2) Witnesses or Notary Public (§ 311.625(2))
Durable (Financial) Power of Attorney – Facilitates the assignment of functions related to someone’s personal finances, property, debts, etc. (does not expire if the principal becomes incapacitated)
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Notary Public (§ 457.050(2))
General (Financial) Power of Attorney – The issuance of powers related to the grantor’s financial matters (automatically terminates should the principal fall into an incapacitated state).
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Notary Public (§ 457.050(2))
Limited (Special) Power of Attorney – Parties that wish to designate a specific task to a third (3rd) party may do so by inserting a concise description of the authority within this document.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Notary Public (§ 457.050(2))
Minor Child Power of Attorney – For parental figures who choose to leave their child in the care of another for a short-term period of time and want to ensure that the minor has access to medical/dental care and education.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Notary Public (§ 457.050(2))
Motor Vehicle Power of Attorney – Authorizes an attorney-in-fact to handle matters in the name of a principal concerning their automobile.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Notary Public (§ 457.050(2))
Real Estate Power of Attorney – A form dedicated to the conveyance of powers associated with real property.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Notary Public (§ 457.050(2))
Revocation of Power of Attorney – Individuals who would like to nullify a POA may do so with the implementation of this document.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses and/or Notary Public Recommended
Tax Power of Attorney – Declares the appointment of a representative to handle the principal’s affairs relevant to their taxes.
Download: PDF
Signing Requirements: Must be signed by the taxpayer and their representative(s).