Kentucky Elder Law Questionnaire

State:
Multi-State
Control #:
US-Q1013
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in an elder law matter, such as wills, asset protection, disability planning, and more. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

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.

The rules and restrictions vary by state; however, in Kentucky, your document must be notarized. If your agent will engage in real estate transactions, the Power of Attorney will need to be acknowledged by a notary and recorded or filed with your county.

Thus, an attorney in fact appointed under a power of attorney can't change a will while the principal is alive because they don't have the authority to do so. In addition, they can't change an estate once the principal dies because their role as attorney in fact under the power of attorney ends with his or her death.

File a Copy With the Land Records Office If you gave your agent the power to conduct real estate transactions, you should also file a copy of your POA in the land records office (in Kentucky, this is part of the county clerk's office) in the county where you own real estate.

Estate. 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.

The practice encompasses all aspects of planning for aging, illness, and incapacity, including advance directives; lifetime planning; family issues; fiduciary representation; capacity issues (Alzheimer's and Dementia, Parkinson's); guardianship and guardianship advocates (for minors, adults, and people with ...

A ?durable? POA is simply a power of attorney that survives the incapacity of the Principal. While a Durable General Power of Attorney grants your Agent a considerable amount of legal authority to act on your behalf, it does not grant your Agent the authority to make medical or health care decisions on your behalf.

A KY durable power of attorney directive appoints a specific person or people who will manage your financial affairs and health care if you become incapable of doing so. This person can be designated in your KY living will, in another advance directive, or in a separate power of attorney document.

(a) Act in ance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest; (b) Act in good faith; and (c) Act only within the scope of authority granted in the power of attorney.

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Kentucky Elder Law Questionnaire