Free Kentucky Power of Attorney (POA) Form

Start a Kentucky Power of Attorney (POA) form now to appoint a trusted individual to manage your estate, act for you professionally, or make medical decisions on your behalf.

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Last Update May 24th, 2024

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Types of Power of Attorney in Kentucky

Before starting a Kentucky Power of Attorney, it is critical to know what type of POA to create. There are many different varieties of these legal instruments, and each grants different kinds of powers from a Principal to an Agent or Attorney-in-Fact.

The most common kinds of POA available in Kentucky include the following examples:

  • Durable Power of Attorney: Allows your Agent to handle estate management when you reach advanced age or if you become incapacitated through injury or disability. NOTE: All Powers of Attorney created in Kentucky are automatically assumed to be durable unless otherwise specified (§ 457.040).
  • Limited Power of Attorney: Lets an Agent have authority over a few specific, often one-off, tasks for a short period of time.
  • Medical Power of Attorney: Permits your representative to make urgent medical decisions for you if you are unconscious or incapacitated.
  • Real Estate Power of Attorney: Grants an Agent authority to buy and sell property in your name, or handle other real estate management tasks.
  • Vehicle (DMV) Power of Attorney: Gives your Agent permission to represent you at the local DMV in Kentucky or handle the buying and selling of vehicles you own.
  • Springing Power of Attorney: This is a type of POA that is activated only when certain situations arise. This might, for example, be when you become incapacitated or if an urgent issue arises where someone needs to act for you when you’re out of the country.
  • Minor (Child) Power of Attorney: Allows you to delegate your parental rights over a child to a chosen Agent. This might be necessary if you serve in the military overseas or work abroad for long periods at a time.
  • Tax Power of Attorney: Gives your Agent the authority to represent you at the Kentucky Department of Revenue, allowing them to complete, sign and submit government financial forms on your behalf.

How to Get a Power of Attorney in Kentucky

It’s relatively easy to create a Power of Attorney in Kentucky. This process can be fully handled online using our comprehensive legal document maker.

When completing the KY POA with our tools, you’ll be guided expertly through each step of the process, so you comply with all the necessary laws in Kentucky. You’ll then be able to print off and sign the completed document and put it into action.

Another option for getting a Kentucky Power of Attorney prepared by a local legal office or lawyer. This, however, can take longer and usually turns out more expensive.

Also, some pre-prepared forms for Tax POAs can be obtained directly from a Kentucky Department of Revenue. However, it is recommended to seek the help of an attorney in order to fill the document properly.

Kentucky Power of Attorney Requirements

There are a few important things you need to know before signing a Kentucky POA. Firstly, you must make sure all the parties involved are legally fit to sign contracts.

To be considered competent to sign a contract, parties must:

  • Be over 18 years of age
  • Show they are mentally competent
  • Demonstrably understand the powers being granted

If you choose a financial institution as an Agent, they must have trust powers and a registered office in Kentucky.

Also, there are set rules in place in Kentucky which police how a completed Power of Attorney must be signed and put into action. Kentucky's law dictates in this case that:

  1. The Principal and Agent must both sign the document.
  2. The signing must be overseen by a notary public, who will also sign (§ 457.050) and notarize the document.
  3. If the Agent(s) will manage real estate for the principal, the form must be registered with the local clerk of the county where the property is situatedwithin 30 days of signing.

Kentucky is a state that recognizes Uniform Power of Attorney (§ 457.010 (2018))upholds an individual’s right to POA made in one state if you move to another state that adopted the act. Ensure the document includes all necessary wording.

Kentucky Power of Attorney Sample

Looking over a completed Kentucky POA sample is a good place to start when you’re planning to create your own document. Use our template example below to understand the information that goes into this form and to learn more about what your document can do.

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Kentucky Power of Attorney Form

FAQs About Kentucky Power of Attorney Forms

It is important to have a good understanding of what Kentucky Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed, as well as any other special considerations.

Where Can I Get a Power of Attorney in Kentucky?

It is possible to create your own Kentucky Power of Attorney easily online with our easy contract maker. Alternatively, you can find templates for certain types of POA at the Department of Revenue, or can pay to have a legal expert draft and complete your document.

What Are Some Uses of a Power of Attorney?

A Kentucky Power of Attorney is an important legal document that allows you to appoint a trusted individual to act on behalf of you to carry out important activities. Once signed, these legal forms can be used for a number of different purposes depending on their type and listed powers.

These responsibilities include:

  • Managing your financial affairs
  • Making medical decisions for you if you are incapacitated
  • Handling activities for you, such as buying or selling property

How to Know if My Power of Attorney is Durable

In Kentucky, Power of Attorney documents are automatically assumed to be durable unless the contrary is specifically stated in the wording of the form (§ 457.040).

This means it is necessary to create a nondurable document if you wish for the powers you are granting to not be durable and for the POA to expire in the event of your incapacity.

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Kentucky Power of Attorney Form

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STATUTORY FORM POWER OF ATTORNEY
IMPORTANT INFORMATION
This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney Act in KRS Chapter 457.

This power of attorney does not authorize the agent to make health-care decisions for you.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for designation of one agent. If you wish to name more than one agent, you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately, unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
DESIGNATION OF AGENT

I, _________, with permanent residence address at _________, telephone number _________, and email address _________, name the following person as my agent:

Name of Agent: _________
Agent's Address: _________
Agent's Telephone Number: _________
Agent's Email Address: _________
DURABLE POWER OF ATTORNEY
GRANT OF GENERAL AUTHORITY
I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney Act in KRS Chapter 457:

(INITIAL each subject you want to include in the agent's general authority.)

________ - Real property

________ - Tangible personal property

________ - Stocks and bonds

________ - Commodities and options

________ - Banks and other financial institutions

________ - Operation of entity or business

________ - Insurance and annuities

________ - Estates, Trusts, and Other Beneficial Interests

________ - Claims and Litigation

________ - Personal and Family Maintenance

________ - Benefits from governmental programs or civil or military service

________ - Retirement plans

________ - Taxes
LIMITATION ON AGENT'S AUTHORITY
An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.
SPECIAL INSTRUCTIONS
My Agent is entitled to reasonable compensation for services rendered as my Agent.
My Agent is entitled to reimbursement for reasonable expenses incurred in acting under this Power of Attorney.
EFFECTIVE DATE
This power of attorney shall be effective immediately and will continue to be effective until my death, even if I became incapacitated, except as may be provided otherwise by an applicable state statute.
This Power of Attorney may be revoked or terminated by me at any time by providing written notice to my Agent.
RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.
SIGNATURES

Dated ____________________, _____, at _________, Kentucky.

  
__________________________________________________
_________Date
  


Address: _________
Telephone Number: _________
Email Address: _________

__________________________________________________
_________Date

NOTARY ACKNOWLEDGMENT

State of Kentucky
_________ County



This document was acknowledged before me on _______________.
 (date)



by ___________________________________
     _________


___________________________________
(Seal, if any)



Signature of Notary: __________________________________

My commission expires: _______________________________
IMPORTANT INFORMATION FOR AGENT
Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

(1) Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;

(2) Act in good faith;

(3) Do nothing beyond the authority granted in this power of attorney; and

(4) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:

________________________________________________________________________
(Principal's Name) by (Your Signature) as Agent

Unless the Special Instructions in this power of attorney state otherwise, you must also:

(1) Act loyally for the principal's benefit;

(2) Avoid conflicts that would impair your ability to act in the principal's best interest;

(3) Act with care, competence, and diligence;

(4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;

(5) Cooperate with any person that has authority to make health-care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and

(6) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.
Liability of Agent
The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act in KRS Chapter 457. If you violate the Uniform Power of Attorney Act KRS Chapter 457 or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.
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