The Kentucky durable power of attorney (durable POA) is a legal document used for transferring legal powers from one person to another. The person creating the power of attorney is called the principal, while the person who represents the principal is called the agent or the attorney-in-fact.
The principal uses the durable power of attorney when they are unable to personally undertake certain actions or make certain decisions.
This can happen due to the principal’s bad physical or mental health or other kind of disability (like dementia or Alzheimer's disease), but it can also be due to the fact that the principal is located far from the place where certain action needs to be taken.
The term “durable” means that the power of attorney will remain effective even if the principal becomes incapacitated.
Durable Power of Attorney Laws & Requirements in Kentucky
Laws & Requirements
Signing requirements: The Kentucky durable power of attorney must be signed by the principal or in the principal’s conscious presence and in front of the notary public. (§ 457.050)
Statutory form: Article 457.420 of the Kentucky Revised Statutes provides the statutory form for a durable power of attorney.
“Durable” as defined by the state law: Kentucky Statute provides that “Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity (§ 457.020(2))
How to Fill out a Durable Power of Attorney in Kentucky
#1. Designate an Agent
Firstly, insert the full names and mailing addresses of the principal and the agent.
When choosing the agent, you should look for a person who has legal capacity. Moreover, it should be a trustworthy person, especially if you plan to give them the authority to make financial, medical, or legal decisions on your behalf.
In this section, you can also name the successor agent. This person will act as an agent only in the event that the primary agent is incapacitated or otherwise unable to represent the principal.
#2. Grant Authority
After you have determined the agent, you should define their scope of authority.
Our Kentucky durable power of attorney form provides three options for determining the scope of the agent’s authority:
Scope of Authority
General authority. With this option, you will enable the agent to take any action and interact with any third party on your behalf. You can limit the general authority by naming the actions the agent is not authorized to take.
Partial authority. Here, you can select the actions you want your agent to be able to take from the list of actions provided in our durable power of attorney form. You simply select the actions by signing your initials next to them.
Special authority. This option gives you the most flexibility since you can describe in your own words the scope of authority you want your agent to have. You can also make a list of all the third parties you authorize your agent to interact with.
#3. Ensure the Form is Durable
In Kentucky, the power of attorney is presumed to be durable, meaning that if you want your power of attorney to be non-durable, you must explicitly indicate so in the document.
#4. Sign the Form
The principal or another person in the principal's conscious presence must sign a Kentucky durable power of attorney.
#5. Notarize the Form
Every durable power of attorney in Kentucky must be notarized. By notarizing the document, the notary public confirms the authenticity of the document and the principal’s signature.
#6. Store Your Durable Power of Attorney Form
Finally, after signing and notarizing the durable power of attorney, you should keep it in your possession and store it in a safe place.
You can also give one copy to the agent so they can prove their capacity to the third parties they are interacting with on your behalf.
How to Revoke a Durable Power of Attorney in Kentucky
The Kentucky durable power of attorney can be revoked by making a verbal or written statement, destroying the document, or issuing another document that revokes the previous one.
However, the safest method to revoke the Kentucky durable power of attorney is to issue a revocation letter. This letter should provide the full name and mailing address of the agent and the date of issuing the power of attorney.
To make the revocation effective, you should send the revocation letter to your agent and to every third party the agent is interacting with on your behalf.