Kentucky Special Power of Attorney

State:
Kentucky
Control #:
KY-SKU-0361
Format:
PDF
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Description

Special Power of Attorney

A Kentucky Special Power of Attorney (SPOT) is a legal document that gives the person signing (the Principal) authority to appoint an agent (or Attorney-in-Fact) to act on their behalf in specific matters. The Attorney-in-Fact is given the power to make decisions and take actions in the name of the Principal, such as signing documents, accessing bank accounts, making investments, and managing property. There are two types of Kentucky Special Power of Attorney: Durable and Non-Durable. A Durable SPOT is used when the Principal needs their Attorney-in-Fact to have authority that extends beyond the Principal's disability or incapacity. A Non-Durable SPOT is used when the Principal only needs the Attorney-in-Fact to have authority for a specific transaction or event. Both types of Kentucky Special Power of Attorney must be signed in the presence of a notary public or two witnesses. The document should also be filed with the local county clerk's office.

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FAQ

What is a Kentucky Power of Attorney? A Kentucky Power of Attorney (PoA) is a legal document that gives a selected individual permission to handle financial matters on your behalf, such as selling real estate, accessing accounts, and signing contracts.

Kentucky Form 20A100 "Declaration of Representative" is used for this purpose. IRS Form 2848, "Power of Attorney and Declaration of Representative", is also acceptable for income tax purposes.

How to Get Power of Attorney in Kentucky The Kentucky POA document must list the following: full contact information and signature of the principal. name and contact information of the agent(s) date the agreement is made. powers granted.A notary public must be present and acknowledge the principal's signature.

Health care providers can follow a directive creating a health care agent, even if it's not fully complying with the Kentucky laws, as long as consistent with accepted medical practice. This means a durable power of attorney created validly in another state should be valid in Kentucky.

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.

In Kentucky, your power of attorney is automatically durable (meaning that it remains effective after your incapacitation) unless the document explicitly states otherwise.

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 Kentucky durable power of attorney form is used by individuals to appoint a third party as their attorney-in-fact to handle any and all monetary decisions on their behalf. The agent cannot compensate themselves and must act in the principal's best interests in every transaction.

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Kentucky Special Power of Attorney