how to get power of attorney in kentucky when someone is in the hospital

Take these steps to complete your medical power of attorney according to Kentucky requirements as outlined in Ky. Rev. Stat. §311.621-311.647:

• Step 1: Choose an agent Your agent, or health care surrogate, is responsible for making decisions about your health care if you can’t communicate your wishes. Who should you choose as an agent? ...
• Step 2: Specify what healthcare decisions your agent can make Consider what kind of decisions you’re comfortable with your agent making on your behalf during incapacitation. ...
• Step 3: Sign the form

Full Answer

What is a power of attorney in the state of Kentucky?

Kentucky’s New Power of Attorney Statutes. Generally speaking, a POA is an instrument by which a person (called, the principal) designates another (called, the agent or attorney-in-fact) to deal with the principal’s property and act on the principal’s behalf, either out of necessity or mere convenience.

What does a health care power of attorney do?

Health Care: A health care power of attorney authorizes the agent to make medical decisions on behalf of the principal in the event that the principal is unconscious, or not mentally competent to make their own medical decisions.

What does it mean to execute a power of attorney?

Executing a power of attorney means that the principal is willing to trust that the agent will make decisions based on what is in the principal’s best interest, so the agent must be chosen very carefully. A power of attorney is especially important in the event of incapacitation.

What is a power of attorney (POA)?

Generally speaking, a POA is an instrument by which a person (called, the principal) designates another (called, the agent or attorney-in-fact) to deal with the principal’s property and act on the principal’s behalf, either out of necessity or mere convenience.

Why is it important to have a power of attorney in Kentucky?

Where to keep power of attorney?

What should be included in a power of attorney?

About this website

Power of Attorney - Department of Revenue

A power of attorney (POA) is a document that allows you to appoint a person or organization to manage your affairs if you become unable to do so.

What is a power of attorney in Kentucky?

Kentucky power of attorney forms let a person transfer authority to another individual to manage and transact their business or medical affairs. These types of forms can be useful if a person is expecting to be unavailable for a period of time, has a transaction that he or she would like someone else to handle for them, ...

What is durable power of attorney?

Durable (Statutory) Power of Attorney – The durable form allows a person to convey financial authority to another. Such power continues, unless revoked, even after the principal is declared incompetent.

Can you revoke a power of attorney?

Revocation of Power of Attorney – You can use a revocation form to revoke any type of power of attorney.

When did Kentucky adopt the Power of Attorney Act?

Kentucky’s New Power of Attorney Statutes. Kentucky’s Power of Attorney (“POA”) laws just received an update. Effective July 14, 2018, Kentucky adopted portions of the Uniform Power of Attorney Act (2006) drafted by the Uniform Law Commission (“ULC”). Even though Kentucky did not adopt Articles 2 or 3 of the uniform act ...

What is POA in Kentucky?

Generally speaking, a POA is an instrument by which a person (called, the principal) designates another (called, ...

What is POA law?

POAs are governed by state law, which can mean that a single instrument can be interpreted in very different ways from one state to the next. The ULC has promoted the adoption of a uniform law across the country in an effort to reduce these potential inconsistencies for principals who move from one state to another or own property in multiple states. According to the ULC, Kentucky will join 26 other states that have already adopted portions of the uniform law, meaning a POA drafted to comply with the new Kentucky law should be interpreted similarly in a majority of states.

What is POA in real estate?

Generally speaking, a POA is an instrument by which a person (called, the principal) designates another (called, the agent or attorney-in-fact) to deal with the principal’s property and act on the principal’s behalf, either out of necessity or mere convenience .

What is the new Kentucky statute?

Kentucky’s new statutes are located in Chapter 457 of the Kentucky Revised Statutes (the “KY UPOAA”) and they replace KRS 386.093. KRS 386.093 was a bare-bones statute that dealt with only three issues related to POAs: (i) durability, (ii) the default method of determining a principal’s incapacity, and ...

Is POA durable?

Under the new act, a POA is durable unless the instrument specifically states otherwise. In addition, a principal may nominate a person for consideration by the court to serve as the principal’s guardian or conservator, if necessary. However, in a break from the uniform act and prior law, the POA terminates upon the appointment ...

Can a third party accept a POA?

In response to difficulties some agents face persuading banks, insurance companies, or other institutions to accept an otherwise valid and enforceable POA that may not match up with the institution’s internal policies and procedures, a 3rd party must accept a POA that was acknowledged by a notary or may ask for a certification, translation into English, or opinion of counsel regarding authority granted to the agent in the instrument. However, the 3rd party may not require an additional or different form of POA for authority granted in the POA presented.

What is a power of attorney?

A power of attorney is meant to take legal effect when a person becomes incapacitated and can't make decisions for themselves - so, once someone is incapacitated, they are unable to make decisions and so don't have the capacity to sign valid legal documents such as a power of attorney.

Can I get a durable power of attorney for someone who is mentally incapacitated?

I recommend you consult with a guardianship attorney. You will not be able to obtain a ( durable) power of attorney for someone who is mentally incapacitated. As the other attorney indicated in her answer, you should check to see if there is an existing durable power of attorney for health care (old NH law) or advance directive (new NH law). If there is such a document, the agent named under the document can act...

What is a power of attorney for health care?

Health Care: A health care power of attorney authorizes the agent to make medical decisions on behalf of the principal in the event that the principal is unconscious, or not mentally competent to make their own medical decisions.

What to do if you are unsure of the meaning of a power of attorney?

If you are at all unsure of the meaning or consequences of signing the document, consult with an attorney to clarify everything first. The attorney will ensure that the document you sign is legally binding and that it conveys all of the powers you want it to, but nothing more. As with any document, the person that is signing and granting power of attorney must have the mental capacity to do so and must know what they are signing, or the document will not be valid.

Do I Need a Lawyer for Help with a Power of Attorney?

You should definitely consider contacting a local estate planning attorney to assist in the drafting of your power of attorney. An experienced attorney at law will be able to ensure that the document is enforceable and your rights are protected.

What is an example of a power of attorney?

An example would be if someone develops dementia as they age or is unconscious after having been in a car accident. If a valid power of attorney exists prior to the principal’s incapacitation, then the agent has full authority to make decisions on the principal’s behalf, to the extent they were granted in the power of attorney document.

Why is a power of attorney important?

A power of attorney is especially important in the event of incapacitation. Someone is considered legally incapacitated when their decision-making skills are either temporarily or permanently impaired due to injury, illness, or a disability.

Can a power of attorney be used after a principal's incapacitation?

Important to note is that in order for a power of attorney to remain valid after a principal’s incapacitation, it must be a durable power of attorney. To create a durable power of attorney, specific language confirming that to be the principal’s intent must be included in the document.

Is a power of attorney durable?

If the document does not contain language saying the power of attorney is durable, then the power of attorney is considered non-durable and it becomes invalid as soon as the principal becomes incapacitated.

Why is it important to have a power of attorney in Kentucky?

It is important for you and your loved ones to prepare a power of attorney document in case of a debilitating illness or injury that causes incapacitation. This document allows someone to manage your personal and financial affairs and handle important documents. In Kentucky, this is called “durable power of attorney.” If someone wants to grant you power of attorney in Kentucky, they must prepare a document granting you this right.

Where to keep power of attorney?

An attorney should also have a copy and the originals. Additional copies should be kept in a safe place such as a portable fireproof box or a safe deposit box.

What should be included in a power of attorney?

It should contain the full name of the principal, his Social Security number, a list of personal and financial assets, your full name, your address and your phone number. It should list the duties granted to you and state that you have full authority to perform them on ...