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Kentucky Power of Attorney Form

Published Dec 09, 2025

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A Kentucky Power of Attorney Form is a legal document authorizing one individual to act on another's behalf in legal, financial, or health matters.

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General Power of Attorney Limited/Special Power of Attorney Durable Power of Attorney Springing Power of Attorney Medical/Healthcare Power of Attorney

Select the type of authority you wish to grant. 'General' grants broad powers; 'Limited/Special' restricts authority to specific acts; 'Durable' remains in effect if the Principal becomes incapacitated; 'Springing' only becomes effective upon a specified event.

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KENTUCKY POWER OF ATTORNEY FORM

I. APPOINTMENT OF AGENT

I, , (hereinafter referred to as the "Principal"), residing at:

hereby appoint (hereinafter referred to as the "Agent"), residing at:

as my attorney-in-fact to act for me in any lawful way with respect to the subjects indicated below.

II. DESIGNATION OF SUCCESSOR AGENT (OPTIONAL)

Appoint a Successor Agent?

If my Agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve, I appoint as my Successor Agent to serve with the same powers and authorities.

III. 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 Kentucky Uniform Power of Attorney Act (KRS Chapter 457).

(Check the boxes of the subjects you wish to grant authority for. You may check "All Preceding Subjects" to grant all powers.)

Real Property (pursuant to KRS 457.270)

Tangible Personal Property (pursuant to KRS 457.280)

Stocks and Bonds (pursuant to KRS 457.290)

Commodities and Options (pursuant to KRS 457.300)

Banks and Other Financial Institutions (pursuant to KRS 457.310)

Operation of Entity or Business (pursuant to KRS 457.320)

Insurance and Annuities (pursuant to KRS 457.330)

Estates, Trusts, and Other Beneficial Interests (pursuant to KRS 457.340)

Claims and Litigation (pursuant to KRS 457.350)

Personal and Family Maintenance (pursuant to KRS 457.360)

Benefits from Governmental Programs or Civil or Military Service (pursuant to KRS 457.370)

Retirement Plans (pursuant to KRS 457.380)

Taxes (pursuant to KRS 457.390)

All Preceding Subjects

IV. GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My Agent MAY NOT do any of the following specific acts for me UNLESS I have selected the specific authority listed below:

(Caution: Granting any of the following will give your Agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death.)

Create, amend, revoke, or terminate an inter vivos trust

Make a gift, subject to the limitations of the Kentucky Uniform Power of Attorney Act

Create or change rights of survivorship

Create or change a beneficiary designation

Authorize another person to exercise the authority granted under this power of attorney

Waive the Principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan

Exercise fiduciary powers that the Principal has authority to delegate

V. DURABILITY AND EFFECTIVE DATE

This Power of Attorney shall be effective as follows (Check ONE):

Durable Power of Attorney

Springing Power of Attorney

Non-Durable Power of Attorney

DURABLE POWER OF ATTORNEY: This Power of Attorney shall become effective immediately upon the date of my signature below and shall not be affected by my subsequent disability or incapacity, or by the lapse of time.

SPRINGING POWER OF ATTORNEY: This Power of Attorney shall become effective only upon my disability or incapacity. I shall be considered disabled or incapacitated if two (2) licensed physicians certify in writing that I am unable to manage my financial affairs.

NON-DURABLE POWER OF ATTORNEY: This Power of Attorney shall become effective immediately upon the date of my signature below and shall terminate automatically upon my disability, incapacity, or death.

VI. 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.

VII. SPECIAL INSTRUCTIONS (OPTIONAL)

On the following lines, I may give special instructions limiting or extending the powers granted to my Agent:

VIII. NOMINATION OF CONSERVATOR OR GUARDIAN

Nominate a Conservator or Guardian?

If it becomes necessary for a court to appoint a conservator or guardian of my estate or guardian of my person, I nominate the following person(s) for appointment:

Nominee’s Name:
Nominee’s Address:

IX. 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.

X. REVOCATION

I hereby revoke all Powers of Attorney previously made by me. This Power of Attorney shall remain in full force and effect until I revoke it in writing or until my death.

XI. GOVERNING LAW

This Power of Attorney shall be governed by the laws of the Commonwealth of Kentucky, specifically the Kentucky Uniform Power of Attorney Act (KRS Chapter 457).

XII. SIGNATURE AND ACKNOWLEDGMENT

I, the Principal, sign my name to this Power of Attorney this , and being first duly sworn, do declare to the undersigned authority that I sign and execute this instrument as my Power of Attorney and that I sign it willingly, or willingly direct another to sign for me, that I execute it as my free and voluntary act for the purposes expressed in the Power of Attorney, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.

Signature: _________________________
Print Name: _______________
Date: _______________

WITNESS ATTESTATION

We, the witnesses, each sign this instrument in the presence of the Principal and of each other, and certify that the Principal signed it willingly and that each of us is a legal adult.

Witness 1
Signature: _________________________
Print Name:
Address:
Date:

Witness 2
Signature: _________________________
Print Name:
Address:
Date:

Include Notary Public Section?

NOTARY ACKNOWLEDGMENT

State of
County of

On this , before me, , a Notary Public in and for said State, personally appeared the above-named individual(s) who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal.

Notary Public Signature: _________________________
Print Name: _______________
My Commission Expires:

(Seal)

AGENT'S CERTIFICATION AND ACCEPTANCE OF AUTHORITY

I, _______________, certify that the Principal granted me authority as an agent or attorney-in-fact in this Power of Attorney. I accept this appointment and agree to act in the Principal's best interest and in accordance with the Kentucky Uniform Power of Attorney Act.

Signature of Agent: _________________________
Print Name: _______________
Date:

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What is a Kentucky Power of Attorney Form?

A Kentucky Power of Attorney Form is a legal instrument that allows an individual, referred to as the principal, to designate another person, known as the agent or attorney-in-fact, to act on their behalf in financial, legal, or business matters. This document serves as a mechanism for delegation of authority, enabling the agent to execute contracts, manage bank accounts, or handle real estate transactions as if they were the principal. The scope of the authority granted can range from a single specific transaction to broad, overarching management of the principal's entire estate, depending on how the document is drafted.

Legal Framework and the Uniform Power of Attorney Act

The governance of power of attorney documents in the Commonwealth is primarily dictated by the Kentucky Revised Statutes (KRS), specifically Chapter 457. In 2018, Kentucky adopted the Uniform Power of Attorney Act (UPOAA), which modernized the state's laws to align more closely with national standards. This legislative framework defines the duties of the agent, the validity of the document, and the protections afforded to the principal. Under KRS 457.050, a power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name. While the statute does not strictly require notarization for the document to be valid between the principal and agent, notarization is legally required if the document is to be recorded for real estate transactions or to create a presumption of genuineness for third parties.

How to Execute a Kentucky Power of Attorney Form

Creating a valid delegation of authority requires adherence to specific procedural steps to ensure the document is legally binding and accepted by financial institutions.

Step 1: Agent Selection – The principal must identify a trustworthy individual to serve as the agent. Given the fiduciary nature of the role, this person should be capable of acting in the principal's best interest.

Step 2: Drafting the Scope – The principal must determine whether to grant general authority or limit the agent to specific transactions. This section of the form details exactly what the agent can and cannot do.

Step 3: Formal Execution – The principal must sign the document. To ensure the document is universally accepted and to allow for recording with a County Clerk, the signature should be acknowledged before a notary public.

Step 4: Distribution – Once executed, the original is typically kept by the principal, while copies are provided to the agent and relevant third parties, such as banks or title agencies.

Fiduciary Duties and Agent Responsibilities

Accepting an appointment via a Kentucky Power of Attorney Form imposes significant legal and ethical obligations on the agent. Under Kentucky law, the agent acts in a fiduciary capacity, meaning they are required to act with the highest degree of good faith. The agent must act loyally for the principal's benefit, avoiding any conflicts of interest that would impair their ability to act impartially. Furthermore, the agent is required to keep a complete and accurate record of all transactions, receipts, and disbursements made on behalf of the principal. Failure to adhere to these duties can result in civil liability and, in cases of exploitation, criminal charges.

Revocation and Termination

A principal retains the right to revoke a power of attorney at any time, provided they maintain the mental capacity to do so. Revocation is typically achieved by executing a new document that explicitly revokes prior appointments or by drafting a dedicated revocation form. Additionally, authority automatically terminates upon the death of the principal. In the context of divorce, Kentucky law generally provides that the filing of an action for dissolution of marriage or legal separation terminates the authority of a spouse named as an agent, unless the power of attorney document specifically states otherwise.

Frequently Asked Questions

Recording is not mandatory for the document to be valid between the principal and the agent. However, if the agent needs to handle real estate transactions, such as selling or mortgaging property, the document must be recorded with the County Clerk in the county where the property is located.

While a general power of attorney often covers financial matters, medical decisions are typically handled through a separate document known as a Health Care Surrogate or Living Will Directive. However, specific language can be included in a power of attorney to grant health care decision-making powers if drafted correctly.

If the document is drafted as a durable power of attorney, the agent's authority continues seamlessly during the principal's incapacity. If the document is non-durable, the agent's authority ceases immediately upon the principal's incapacity, potentially requiring a court-appointed guardianship.

A generic form may be valid if it meets the specific statutory requirements of Kentucky Revised Statutes Chapter 457. However, forms that do not comply with the state's adoption of the Uniform Power of Attorney Act may be rejected by banks or courts.

No, the authority granted by a power of attorney ends immediately upon the death of the principal. At that point, the decedent's will (or state intestacy laws) governs the distribution of assets and the appointment of an executor.

Unless the power of attorney document explicitly grants the authority to make gifts or transfer assets to the agent, doing so is generally a violation of fiduciary duty. Self-dealing is strictly scrutinized under Kentucky law.

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