Types

Durable (Financial) Power of Attorney – The durability of this POA references the fact that this type of POA will remain unabated if the Principal is considered, as per relevant laws, to be incapacitated.

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General (Financial) Power of Attorney – Encompasses the powers an agent may be granted regarding a principal’s financial affairs, that can include such areas as banking, the management of a safety deposit box, or lending or borrowing money.

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Limited (Special) Power of Attorney – To place clear limitations on the powers encompassed in a POA, selecting to use a limited, rather than durable or general POA, is advisable.

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Living Will Directive (Medical POA) – Medical complications can mean that an individual becomes unable to properly communicate their health care wishes. In such circumstances, it is not legally possible to draft a Medical Power of Attorney. Therefore, it is imperative that this document is initiated as well in advance as possible.

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Minor Child Power of Attorney (AOC-796) – In order to assure the continued care of their children at all times, parents and guardians can specify the circumstances in which they give permission to another party to temporarily take over parental duties when they cannot do so themselves.

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Motor Vehicle Power of Attorney – Motor vehicle owners who are time-poor can make use of a legal avenue, namely the filing of this form, that offers them the opportunity to designate someone else to oversee any undertakings related to their vehicle.

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Real Estate (Property) Power of Attorney – Real estate ownership can bring about a number of stressful situations that may be better handled by a trained professional. An owner can simply complete the requirements of this form to legally establish the transfer of such responsibilities to another entity.

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Revocation of Power of Attorney – Ceasing a POA from continuing indefinitely is a decision that can be executed by drafting and filing a Revocation of POA form.

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State Tax Filing Power of Attorney – Any individual who is incapable of filing their taxes themselves, or simply wishes to have another party engage in this process for them, can have another person or entity handle the process for them by making use of this form.

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What is a Kentucky Power of Attorney?

A Kentucky Power of Attorney outlines, according to the determination of a Principal, the ways in which an Agent will legally take on the decision making powers of a Principal for the purpose of managing one or more of their affairs. Both parties should be aware of the fact that unless otherwise specified within the form, the POA will come into immediate effect once it meets legal requirements and is signed by all necessary parties. Specifications about a precise starting date can include a particular future date or occurrence of a future event, such as the Principal’s incapacity.

• Kentucky Power of Attorney Laws – (KRS Chapter 457, “Uniform Power of Attorney Act”)
• State Definition of Power of Attorney (§ 457.020) – 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.
• Signing Requirements (§ 457.050) – Must be signed by the Principal before a Notary Public or other authorized individual, as well as two (2) disinterested witnesses. If the Principal so requires (and the POA states the reason for this method being taken) they are permitted to ask another person to sign their name for them. This action, however, must be done in their conscious presence.

When is it Effective?

For a POA to be valid and effective in the state of Kentucky, certain requirements must be met. In line with § 457.050, the Principal must sign the POA in the presence of two (2) disinterested witnesses and their signature must be acknowledged before a Notary Public or other authorized individual. Alternatively, another individual directed by the Principal may sign the Principal’s name in their conscious presence, but as stated above, the reason for doing so must be recorded in the POA.