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. If you will be represented by a third party, whether in person or by correspondence, you must file a power of attorney specifically authorizing the individual to represent you or your organization ...
Jul 29, 2020 · Right at two years to the date, Kentucky has again changed its power of attorney law by adopting parts of the Uniform Power of Attorney Act that it did not adopt as part of the changes that went into effect on July 14, 2018. The new law went into effect on July 15, 2020, and applies to a power of attorney created before, on, or after July 15 .
Feb 05, 2019 · Governor Matt Bevin has signed House Bill 11 into law, adopting provisions of the Uniform Power of Attorney Act of 2006 and creating new power of attorney standards in Kentucky. The provisions go into effect July 14, 2018. The Uniform Power of Attorney Act of 2006 (UPOAA) seeks to preserve the durable power of attorney as a low-cost form of ...
A person who holds Power of Attorney for someone else has a legal duty to act in the best interests of their Principal (the person who gave the power). This duty can be summed up in a few words: He or she must act in good faith in handling the money and assets of the Principal. This means that the person holding the power (the Attorney-in-Fact) must always intend to serve the
Under KRS 457.050, the principal must now sign in the presence of a notary public to create a valid POA. Under the prior law, a power of attorney could be executed with the principal's signature in the presence of two disinterested witnesses.Oct 16, 2020
Do I need a lawyer to prepare a Power of Attorney? There is no legal requirement that a Power of Attorney be prepared or reviewed by a lawyer. However, if you are going to give important powers to an agent, it is wise to get individual legal advice before signing a complicated form.
Notarization Requirement While Kentucky does not technically require you to get your POA notarized, notarization is very strongly recommended. Under Kentucky law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuine—meaning your POA is more ironclad.
Some types of power of attorney also give the attorney the legal power to make a decision on behalf of someone else such as where they should live or whether they should see a doctor. In order to make a power of attorney, you must be capable of making decisions for yourself.
Are there any decisions I could not give an attorney power to decide? You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself – for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.
Legal Requirements for Durable Power of Attorney With one or two adults designated as surrogates, but if two or more are assigned, any decisions must be unanimous. With two adult witnesses, signed in the presence of the document creator/signor, and in the presence of each other OR notarized.Apr 16, 2021
In order for a Lasting Power of Attorney to be valid and be used by the Attorney it must be registered. With a Property and Affairs Lasting Power of Attorney, once it has been successfully registered it can be used straight away.
Here are the basic steps to help a parent or loved one make their power of attorney, and name you as their agent:Help the grantor decide which type of POA to create. ... Decide on a durable or non-durable POA. ... Discuss what authority the grantor wants to give the agent. ... Get the correct power of attorney form.More items...•Jun 14, 2021