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.
Last Update January 24th, 2023
- Types of Power of Attorney in Kentucky
- How to Get a Power of Attorney in Kentucky
- Kentucky Power of Attorney Requirements
- Kentucky Power of Attorney Sample
- FAQs About Kentucky Power of Attorney Forms
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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:
The Principal and Agent must both sign the document.
The signing must be overseen by a notary public, who will also sign (§ 457.050) and notarize the document.
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.
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
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.