Durable Power of Attorney for Kentucky

Kentucky durable power of attorney laws impose specific requirements.

Power of attorney is a powerful legal document that allows people to grant others the right to make decisions on their behalf. In Kentucky, the state has specific laws governing how this document can be made, and what it can cover. Power of attorney can be used at any time in a person's life, but is most commonly encountered in end of life or estate planning periods.

Requirements

Kentucky law states that durable power of attorney must meet specific legal requirements to be valid. Durable power of attorney must be in writing, can only be granted by a person who is mentally capable of making a decision, must be dated and signed by the grantor, and must be signed either by two witnesses or by a notary public.

Parties

There are two key parties in any power of attorney: the principal and the agent. The principal is the person who gives the right to make decisions to someone else, usually called the agent or attorney in fact. In Kentucky, durable power of attorney for health care is typically referred to as the agent or surrogate.

Durability

Kentucky law allows for durable power of attorney, meaning these powers continue if the principal becomes incapacitated. However, even if durable power of attorney is granted, Kentucky law allows a physician to determine if the principal is capable of making health care decisions. If the doctor so finds, the surrogate is not allowed to make health care decisions on behalf of the principal.

Function

Durable power of attorney is typically used in preparation for a person's death. When the principal wants to ensure decisions are made once he becomes incapable, he can award someone durable power of attorney. This can be done for whatever area the principal desires, including health care and financial decisions.

Limitations

Kentucky law's specific provisions on power of attorney notwithstanding, these documents can be as limited or as general as the principal desire. If a principal wants to grant one agent durable power of attorney for financial situations, for example, he can do that. At the same time, he can grant a second agent durable power of attorney for health care.

References

• Findlaw: Kentucky durable power of attorney laws
• FreeLegalForms: Kentucky general durable power of attorney for property and finances
• AARP: Understanding power of attorney