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Legal Requirements for Durable Power of Attorney Document in writing, dated, and signed by creator. With one or two adults designated as surrogates, but if two or more are assigned, any decisions must be unanimous.
The person making a power of attorney must be of sound mind and have the mental capacity to know what they are doing. It should be notarized. While Kentucky does not technically require you to get your POA notarized, notarization is very strongly recommended.
Create the POA Using Software or an Attorney You can also hire a Kentucky lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
If no court-appointed guardian or durable power of attorney exists, a spouse is responsible for medical decisions related to end-of-life care. If there is no spouse or that person is unwilling or unable to make the decisions, adult children are consulted, then parents, and, finally, any nearest relative.
A marriage or legal separation is filed, unless the power of attorney document provides otherwise. Just as under the present law, a power of attorney is not required by the new law to be recorded, unless it is being use to convey, release or transfer any interest in real estate.
A durable power of attorney is a legal document that authorizes one person to act on behalf of another in financial and legal matters. It is one of the most important legal documents a person can have. Every adult over age 18 needs a durable power of attorney.
The person making a power of attorney must be of sound mind and have the mental capacity to know what they are doing. It should be notarized. While Kentucky does not technically require you to get your POA notarized, notarization is very strongly recommended.