Kentucky
Kentucky Power of Attorney Laws: Durable, Medical, and Financial POA (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 13 primary sources cited on this page. How we verify our legal content
Kentucky adopted the Uniform Power of Attorney Act in 2018, codified as the Kentucky Uniform Power of Attorney Act, KRS Chapter 457 ( to 457.460), effective July 14, 2018. Under this framework, every power of attorney created in Kentucky is durable by default unless the document expressly states otherwise. The principal must sign the document, and the signature is presumed genuine when acknowledged before a notary public. Health care decision-making authority is an entirely separate instrument governed by the Kentucky Living Will Directive Act, to 311.643.
For the full 50-state overview, see our national Power of Attorney guide.
What a Power of Attorney Does in Kentucky
A power of attorney is a written legal document through which a person (the principal) grants another person (the agent, sometimes called the attorney-in-fact) authority to act on the principal's behalf. The scope of authority can be general, covering banking, real estate, investment accounts, tax filings, and other financial matters, or limited to a specific transaction or purpose. Whatever scope the principal chooses, the agent's authority exists only while the principal is alive. A Kentucky power of attorney ends at the principal's death.
Kentucky divides power of attorney into two distinct legal tracks. Financial and property authority is governed by KRS Chapter 457, the Kentucky Uniform Power of Attorney Act. Health care decision-making authority is governed by a completely separate statute, the Kentucky Living Will Directive Act, to 311.643. A financial POA does not give the agent authority over medical decisions, and a health care advance directive does not authorize the named surrogate to manage the principal's finances. Many Kentuckians execute both documents.
Durable Power of Attorney in Kentucky
Under KRS 457.040, a power of attorney created under KRS Chapter 457 is durable unless it expressly provides that it is terminated by the incapacity of the principal. This is the opposite default rule from states that require express durability language. In Kentucky, every POA is automatically durable. To create a non-durable POA, the document must include specific language stating that it terminates upon the principal's incapacity.
Durability is the core feature that makes a financial POA useful for incapacity planning. A durable POA means the agent's authority continues even after the principal can no longer communicate or make decisions independently. This allows the agent to pay bills, manage accounts, and handle property without going to court for a guardianship or conservatorship.
A principal may also create a "springing" POA under KRS 457.090, one that does not become effective until a specified future event occurs, such as the principal's incapacity. The document must state the conditions under which it becomes effective. Since July 15, 2026, if the document does not name who makes that determination, (3) fills the gap for an incapacity trigger: the determination must be made by a physician, an advanced practice registered nurse, a licensed or certified psychologist, a qualifying social worker or Cabinet for Health and Family Services employee, or an attorney-at-law or judge. Separately, under (4), a person the principal did name in the document to make that determination may act as the principal's personal representative under HIPAA solely to obtain the health information needed to make the call. While a springing POA may seem attractive for those who prefer the agent not act until needed, it can create practical delays when financial institutions or other third parties demand documentation that the triggering condition has been met. Many Kentucky estate planning attorneys recommend an immediately effective durable POA for that reason.
How to Create a Valid Kentucky Power of Attorney
Under KRS 457.050, a power of attorney must be signed by the principal. If the principal is physically unable to sign, another individual may sign the principal's name in the principal's conscious presence and at the principal's direction, but the reason for this method of signing must be stated in the document.
Notarization is the key execution step in Kentucky. The signature on a power of attorney is presumed to be genuine if the principal acknowledges it before a notary public or other individual authorized by law to take acknowledgments. This presumption matters practically: under KRS 457.190, a person who in good faith accepts an acknowledged POA may rely on it without further investigation into the agent's authority. Without acknowledgment before a notary, a third party such as a bank or title company has no presumption to rely on and may decline to accept the document.
Kentucky does not require witnesses for a financial power of attorney under KRS Chapter 457. The principal's signature acknowledged before a notary is sufficient. Principals should also ensure the document:
- Clearly identifies the principal and the agent by full legal name.
- States the scope of authority being granted, either specifically or by incorporating the general authority categories at to 457.400.
- Expressly grants any hot powers listed in if those powers are intended.
- States the date of execution.
A statutory form power of attorney is available at KRS 457.420. Using the statutory form is not required, but a properly completed statutory form satisfies Kentucky's execution requirements.
What a Kentucky Agent Can and Cannot Do
An agent appointed under a Kentucky POA is a fiduciary. Under KRS 457.140, the agent must act in accordance with the principal's reasonable expectations, act in good faith, and act only within the scope of authority granted in the document. The agent must also act loyally for the principal's benefit, avoid conflicts of interest, act with the care and diligence ordinarily exercised by agents in similar circumstances, keep records of all receipts, disbursements, and transactions, and attempt to preserve the principal's estate plan to the extent known.
General authority categories that can be granted in a Kentucky financial POA include real property transactions, tangible personal property, stocks and bonds, banking, operation of a business, insurance and annuities, estates and trusts, claims and litigation, personal and family maintenance, government benefit programs, retirement plans, taxes, and gifts ( to 457.400).
Certain actions are restricted as "hot powers" and require an express, specific grant in the document before the agent may exercise them. Under KRS 457.245, the following actions require explicit authorization:
- Creating, amending, revoking, or terminating an inter vivos (living) trust.
- Making a gift of the principal's property.
- Creating or changing rights of survivorship.
- Creating or changing a beneficiary designation.
- Delegating the agent's authority to another person.
- Waiving the principal's right to be a beneficiary of a joint and survivor annuity or retirement survivor benefit.
- Exercising fiduciary powers the principal has authority to delegate.
- Exercising authority over the content of the principal's electronic communications.
An agent can never make or change the principal's will. An agent also cannot act in a way that creates a personal benefit at the principal's expense unless the document expressly authorizes it and the agent is an ancestor, spouse, or descendant of the principal.
Third parties such as banks and title companies must accept an acknowledged Kentucky POA within seven business days of presentation or request additional documentation within that same window under KRS 457.200. A third party that unreasonably refuses to accept a valid acknowledged POA may be subject to a court order and liability for attorney fees.
Health Care Surrogate and Living Will in Kentucky
Health care decision-making authority in Kentucky is governed by an entirely separate legal framework from the financial POA. The Kentucky Living Will Directive Act, KRS 311.621 to 311.643, allows an adult to execute an advance directive that designates a health care surrogate and states the grantor's wishes about life-prolonging treatment.
Under KRS 311.621, a "surrogate" is an adult who has been designated to make health care decisions in accordance with the Living Will Directive Act. A "health care decision" means consenting to or withdrawing consent for any medical procedure, treatment, or intervention.
The execution requirements for a Kentucky advance directive under KRS 311.625 differ from those for a financial POA. An advance directive must be in writing, dated, and signed by the grantor, and must be either:
- Witnessed by two or more adults in the presence of the grantor and in the presence of each other, or
- Acknowledged before a notary public or other person authorized to administer oaths.
Not everyone may serve as a witness. A blood relative of the grantor, a beneficiary of the grantor's estate, an employee of the health care facility where the grantor is a patient (unless serving as notary), the grantor's attending physician, or any person directly financially responsible for the grantor's health care may not witness the advance directive.
Once effective, the surrogate's authority under KRS 311.629 is broad. The surrogate may make any health care decision the grantor could have made if the grantor had decisional capacity, provided the decisions are consistent with the grantor's expressed wishes in the advance directive. The surrogate must consider the attending physician's recommendation and honor the grantor's stated instructions. A surrogate cannot act when the attending physician has determined the grantor has decisional capacity.
Kentucky also has a Medical Order for Scope of Treatment (MOST) form under , which is an actionable medical order that implements a living will directive or health care POA for patients with serious illness. The MOST form is different from, and separate from, the advance directive itself.
The financial POA under KRS Chapter 457 and the advance directive under KRS 311.621 to 311.643 serve different purposes and must be separate documents. A financial agent has no authority to make health care decisions, and a health care surrogate has no authority to manage finances.
Revoking or Ending a Kentucky Power of Attorney
A principal who retains decisional capacity may revoke a Kentucky power of attorney at any time. Under KRS 457.100, a power of attorney terminates when:
- The principal dies.
- The principal becomes incapacitated, if the POA is not durable.
- A court appoints a conservator, guardian, or other fiduciary over the principal's estate or property, unless the court specifically provides the POA shall remain in effect.
- The principal revokes the power of attorney (or, if the POA was filed with a county clerk, revokes it in accordance with KRS 382.370).
- The POA itself provides that it terminates on a certain date or event.
- For a limited-purpose POA, the stated purpose is accomplished.
- The agent dies, becomes incapacitated, or resigns, and the document names no successor agent.
An agent's authority also terminates if the principal revokes it, if the agent dies or becomes incapacitated, or if a court action is filed for dissolution or annulment of the agent's marriage to the principal.
An important Kentucky rule: executing a new power of attorney does not automatically revoke an earlier one unless the new document expressly states that the previous POA is revoked or that all other POAs are revoked. Principals who want to replace an existing POA should include a clear revocation clause in the new document and notify all institutions that relied on the prior document.
Termination of the POA is not effective against a third party who, without actual knowledge of the termination, acts in good faith relying on the document. Principals should notify banks, financial institutions, and any other parties holding a copy of the POA as soon as revocation occurs.
For the health care advance directive, revocation under KRS 311.627 may be made at any time by the grantor by written revocation, physical destruction of the document, or oral statement of intent to revoke in the presence of a witness. The health care surrogate designation also ends upon the grantor's death.
Disclaimer: This page provides general legal information about Kentucky power of attorney laws and is not legal advice. Laws change, and individual circumstances vary. Consult a licensed Kentucky attorney for advice specific to your situation.
Statutes cited reflect their in-force version as of May 31, 2026.
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Frequently Asked Questions
Is a Kentucky power of attorney durable by default?
Yes. Under KRS 457.040, a power of attorney created under KRS Chapter 457 is durable by default. It remains effective even if the principal later becomes incapacitated, unless the document expressly states that it terminates upon the principal's incapacity. This default-durable rule is one of the key features of Kentucky's adoption of the 2006 Uniform Power of Attorney Act, which took effect July 14, 2018.
Does a Kentucky POA need to be notarized?
The principal's signature must be acknowledged before a notary public or another officer authorized to take acknowledgments for the signature to be presumed genuine under KRS 457.050. Notarization is not stated as an absolute validity requirement, but a POA that is not notarized carries no presumption of genuineness, and third parties are not required to accept it under the KRS 457.190 good-faith-reliance rules. As a practical matter, Kentucky POAs should always be notarized.
What are 'hot powers' under Kentucky law?
Hot powers are actions so significant that KRS 457.245 requires them to be expressly and specifically granted in the document before the agent may take them. They include making gifts, creating or amending a trust, changing beneficiary designations, creating rights of survivorship, delegating the agent's authority, waiving survivorship benefits on retirement accounts, and accessing the principal's electronic communications. An agent cannot exercise these powers based on a general grant of authority alone.
Does a Kentucky financial POA cover health care decisions?
No. A financial power of attorney under KRS Chapter 457 does not authorize the agent to make health care decisions. Health care decision-making authority in Kentucky requires a separate advance directive under the Kentucky Living Will Directive Act, KRS 311.621 to 311.643. That document designates a health care surrogate and has different execution requirements, including two witnesses or notarization.
How do I revoke a power of attorney in Kentucky?
A principal with capacity can revoke a Kentucky POA at any time. Best practice is to provide a written revocation notice to the agent and to every financial institution or other party holding or relying on the document. Under KRS 457.100(6), a new POA does not automatically cancel an earlier one unless the new document expressly states it does. For a recorded POA, revocation must follow the procedure in KRS 382.370. Notify all relevant parties promptly because termination is not effective against third parties who act in good faith without actual knowledge of the revocation.
Can a bank refuse to accept a Kentucky power of attorney?
Only in limited circumstances. Under KRS 457.200, a person presented with an acknowledged Kentucky POA must either accept it or request a certification, translation, or opinion of counsel within seven business days. If a required certification is provided, the person must accept the POA within five business days of receiving it. A bank that refuses to accept a valid acknowledged POA without a permitted reason may be ordered by a court to accept it and may be liable for the principal's attorney fees and costs.
What is the difference between a health care surrogate and a living will in Kentucky?
A health care surrogate is a person designated in an advance directive to make health care decisions when the grantor lacks decisional capacity. A living will is the broader advance directive document itself, which under KRS 311.625 can both designate a surrogate and state the grantor's specific wishes about life-prolonging treatment and artificial nutrition. A surrogate must follow the grantor's expressed wishes in the directive. Both are governed by KRS 311.621 to 311.643 and have nothing to do with the financial POA under KRS Chapter 457.
Updates
Added Kentucky's July 15, 2026 update on who may certify a principal's incapacity for a springing power of attorney, and corrected the statute link to point to the specific section.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Kentucky Revised Statutes, Chapter 311: PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS
§ 311.621Definitions for KRS 311.621 to 311.643In force
As used in KRS 311.621 to 311.643: (1) "Adult" means a person eighteen (18) years of age or older and who is of sound mind; (2) "Advance directive" means a living will directive made in accordance with KRS 311.621 to 311.643, a living will or designation of health care surrogate executed prior to July 15, 1994, and any other document that provides directions relative to health care to be provided to the person executing the document; (3) "Artificially-provided nutrition and hydration" means sustenance or fluids that are artificially or technologically administered; (4) "Attending physician" means the physician who has primary responsibility for the treatment and care of the patient; (5) "Decisional capacity" means the ability to make and communicate a health care decision; (6) "Directive" means a living will directive in writing voluntarily made by an adult in accordance with the provisions of KRS 311.621 to 311.643; (7) "Grantor" means an adult who has executed an advance directive in accordance with KRS 311.621 to 311.643; (8) "Health care decision" means consenting to, or withdrawing consent for, any medical procedure, treatment, or intervention; (9) "Health care…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 10 court opinionsMost recently applied by a court: 2025
Leading cases: Woods Ex Rel. Simpson v. Commonwealth (Kentucky Supreme Court 2004, 142 S.W.3d 24) · Lexington Alzheimer's Investors, LLC D/B/A the Lantern at Morning Pointe Alzheimer's Center of Excellence v. Sandra Norris, as Administratrix of the Estate of Rayford Charles Norris (Kentucky Supreme Court 2025) · Ping v. Beverly Enterprises, Inc. (Kentucky Supreme Court 2012, 376 S.W.3d 581)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 311.6225Kentucky medical order for scope of treatment (MOST) form -- Eligible persons -- Scope -- EffectIn force
(1) An adult with decisional capacity, an adult's legal surrogate, or a responsible party may complete a medical order for scope of treatment directing medical interventions. The form shall have the title "Kentucky MOST, Medical Orders for Scope of Treatment" and an introductory section containing the patient's name and date of birth and the statements: (a) "The MOST form is voluntary."; (b) "A patient is not required to complete a MOST form."; (c) "A patient with capacity or their legal representative may void a MOST form any time by communicating that intent to the health care provider."; (d) "The original form is the personal property of the patient."; (e) "A facsimile, paper, or electronic copy is a legally valid form."; (f) "HIPAA permits disclosure of MOST to health care professionals as necessary for treatment."; and (g) "Any section not completed does not invalidate the form and indicates a preference for full treatment for that section.".
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 1 court opinionsMost recently applied by a court: 2025
Leading cases: Lexington Alzheimer's Investors, LLC D/B/A the Lantern at Morning Pointe Alzheimer's Center of Excellence v. Sandra Norris, as Administratrix of the Estate of Rayford Charles Norris (Kentucky Supreme Court 2025)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 311.625Form of living will directiveIn force
(1) A living will directive made pursuant to KRS 311.623 shall be substantially in the following form, and may include other specific directions which are in accordance with accepted medical practice and not specifically prohibited by any other statute. If any other specific directions are held by a court of appropriate jurisdiction to be invalid, that invalidity shall not affect the directive. "Living Will Directive My wishes regarding life-prolonging treatment and artificially provided nutrition and hydration to be provided to me if I no longer have decisional capacity, have a terminal condition, or become permanently unconscious have been indicated by checking and initialing the appropriate lines below. By checking and initialing the appropriate lines, I specifically: .... Designate ........................ as my health care surrogate(s) to make health care decisions for me in accordance with this directive when I no longer have decisional capacity. If ............................. refuses or is not able to act for me, I designate .............................. as my health care surrogate(s). Any prior designation is revoked.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 1 court opinionsMost recently applied by a court: 2025
Leading cases: Lexington Alzheimer's Investors, LLC D/B/A the Lantern at Morning Pointe Alzheimer's Center of Excellence v. Sandra Norris, as Administratrix of the Estate of Rayford Charles Norris (Kentucky Supreme Court 2025)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 311.629Powers of health care surrogateIn force
(1) A surrogate designated pursuant to an advance directive may make health care decisions for the grantor which the grantor could make individually if he or she had decisional capacity, provided all the decisions shall be made in accordance with the desires of the grantor as indicated in the advance directive. When making any health care decision for the grantor, the surrogate shall consider the recommendation of the attending physician and honor the decision made by the grantor as expressed in the advance directive. (2) The surrogate may not make a health care decision in any situation in which the grantor's attending physician has determined in good faith that the grantor has decisional capacity. The attending physician shall proceed as if there were no designation if the surrogate is unavailable or refuses to make a health care decision.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 3 court opinionsMost recently applied by a court: 2025
Leading cases: Woods Ex Rel. Simpson v. Commonwealth (Kentucky Supreme Court 2004, 142 S.W.3d 24) · Lexington Alzheimer's Investors, LLC D/B/A the Lantern at Morning Pointe Alzheimer's Center of Excellence v. Sandra Norris, as Administratrix of the Estate of Rayford Charles Norris (Kentucky Supreme Court 2025) · Paducah Center for Health and Rehabilitation, LLC D/B/A Stonecreek Health and Rehabilitation v. Terry Lance Penix, as of the Estate of Terry Lynn Penix (Court of Appeals of Kentucky 2023)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Kentucky Revised Statutes, Chapter 457: UNIFORM POWER OF ATTORNEY ACT (2006)
§ 457.010Short titleIn force
This chapter may be cited as the Uniform Power of Attorney Act (2006).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 1 court opinionsMost recently applied by a court: 2025
Leading cases: Lexington Alzheimer's Investors, LLC D/B/A the Lantern at Morning Pointe Alzheimer's Center of Excellence v. Sandra Norris, as Administratrix of the Estate of Rayford Charles Norris (Kentucky Supreme Court 2025)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 457.040Power of attorney is durableIn force
A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 1 court opinionsMost recently applied by a court: 2025
Leading cases: Lexington Alzheimer's Investors, LLC D/B/A the Lantern at Morning Pointe Alzheimer's Center of Excellence v. Sandra Norris, as Administratrix of the Estate of Rayford Charles Norris (Kentucky Supreme Court 2025)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 457.050Execution of power of attorneyIn force
(1) A power of attorney shall be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. If signed in the principal's conscious presence by another individual, the reason for this method of signing shall be stated in the power of attorney. (2) A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 4 court opinionsMost recently applied by a court: 2026
Leading cases: Annette Wiley, Individually and as Administratrix and Personal Representative of the Estate of Charlotte Blair v. Masonic Homes of Kentucky, Inc. D/B/A Masonic Home of Louisville (Kentucky Supreme Court 2024) · Lexington Alzheimer's Investors, LLC D/B/A the Lantern at Morning Pointe Alzheimer's Center of Excellence v. Sandra Norris, as Administratrix of the Estate of Rayford Charles Norris (Kentucky Supreme Court 2025) · Masonic Homes of Kentucky, Inc. D/B/A Masonic Home of Louisville v. Annette Wiley, Individually and as Administratrix and Personal Representative of the Estate of Charlotte Blair (Court of Appeals of Kentucky 2023)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 457.090When power of attorney effectiveIn force
(1) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. (2) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one (1) or more persons to determine in a writing or other record that the event or contingency has occurred. (3) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by: (a) A physician, an advanced practice registered nurse, a psychologist licensed or certified under the provisions of KRS Chapter 319, or a person licensed or certified as a social worker or an employee of the Cabinet for Health and Family Services who meets the qualifications of KRS 335.080(1)(a) and (b) or 335.090(1)(a) and (b), that the principal is incapacitated within the…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 1 court opinionsMost recently applied by a court: 2025
Leading cases: Lexington Alzheimer's Investors, LLC D/B/A the Lantern at Morning Pointe Alzheimer's Center of Excellence v. Sandra Norris, as Administratrix of the Estate of Rayford Charles Norris (Kentucky Supreme Court 2025)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 457.100Termination of power of attorney or agent's authorityIn force
(1) A power of attorney terminates when: (a) The principal dies; (b) The principal becomes incapacitated, if the power of attorney is not durable; (c) A court appoints a limited conservator, conservator, limited guardian, or guardian of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, unless the court specifically provides that the power of attorney shall remain in effect; (d) The principal revokes the power of attorney or, if the power of attorney was filed, the principal revokes the power of attorney in accordance with KRS 382.370; (e) The power of attorney provides that it terminates; (f) For a power of attorney that specifically states a purpose, the purpose of the power of attorney is accomplished; or (g) The principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 4 court opinionsMost recently applied by a court: 2025
Leading cases: Lexington Alzheimer's Investors, LLC D/B/A the Lantern at Morning Pointe Alzheimer's Center of Excellence v. Sandra Norris, as Administratrix of the Estate of Rayford Charles Norris (Kentucky Supreme Court 2025) · Annette Wiley, Individually and as Administratrix and Personal Representative of the Estate of Charlotte Blair v. Masonic Homes of Kentucky, Inc. D/B/A Masonic Home of Louisville (Kentucky Supreme Court 2024) · Masonic Homes of Kentucky, Inc. D/B/A Masonic Home of Louisville v. Annette Wiley, Individually and as Administratrix and Personal Representative of the Estate of Charlotte Blair (Court of Appeals of Kentucky 2023)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 457.140Agent's dutiesIn force
(1) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall: (a) Act in accordance 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. (2) Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall: (a) Act loyally for the principal's benefit; (b) Act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest; (c) Act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances; (d) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal; (e) Cooperate with a person that has authority to make health-care decisions for the principal to carry out the principal's reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal's best interest; and (f) Attempt to preserve the principal's estate plan, to the extent actually known…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 1 court opinionsMost recently applied by a court: 2024
Leading cases: Annette Wiley, Individually and as Administratrix and Personal Representative of the Estate of Charlotte Blair v. Masonic Homes of Kentucky, Inc. D/B/A Masonic Home of Louisville (Kentucky Supreme Court 2024)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 457.190Acceptance of and reliance upon acknowledged power of attorneyIn force
(1) For purposes of this section and KRS 457.200, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgements. (2) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under KRS 457.050 that the signature is genuine. (3) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid, and still in effect, the agent's authority were genuine, valid, and still in effect, and the agent had not exceeded and had properly exercised the authority.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 2 court opinionsMost recently applied by a court: 2025
Leading cases: Annette Wiley, Individually and as Administratrix and Personal Representative of the Estate of Charlotte Blair v. Masonic Homes of Kentucky, Inc. D/B/A Masonic Home of Louisville (Kentucky Supreme Court 2024) · Frances Scott Reagan, by and Through Her Agent and Attorney-In-Fact, Robert G. Reagan v. Capital One Financial Corporation A/K/A Capital One, N.A. Corporation (Court of Appeals of Kentucky 2025)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 457.200Liability for refusal to accept acknowledged power of attorneyIn force
(1) Except as otherwise provided in subsection (2) of this section: (a) A person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under KRS 457.190(4) no later than seven (7) business days after presentation of the power of attorney for acceptance; (b) If a person requests a certification, a translation, or an opinion of counsel under KRS 457.190(4), the person shall accept the power of attorney no later than five (5) business days after receipt of the certification, translation, or opinion of counsel; and (c) A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 1 court opinionsMost recently applied by a court: 2025
Leading cases: Frances Scott Reagan, by and Through Her Agent and Attorney-In-Fact, Robert G. Reagan v. Capital One Financial Corporation A/K/A Capital One, N.A. Corporation (Court of Appeals of Kentucky 2025)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 457.245Authority that requires specific grant -- Grant of general authorityIn force
(1) An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject: (a) Create, amend, revoke, or terminate an inter vivos trust; (b) Make a gift; (c) Create or change rights of survivorship; (d) Create or change a beneficiary designation; (e) Delegate authority granted under the power of attorney; (f) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; (g) Exercise fiduciary powers that the principal has authority to delegate; or (h) Exercise authority over the content of electronic communications, as defined in 18 U.S.C. sec. 2510(12), as amended, sent or received by the principal.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 1 court opinionsMost recently applied by a court: 2024
Leading cases: Lp Radcliff, LLC D/B/A Signature Healthcare of North Hardin Rehab and Wellness Center v. Ernest Simcoe (Court of Appeals of Kentucky 2024)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 457.270Real propertyIn force
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to: (1) Demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject an interest in real property or a right incident to real property; (2) Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning or other governmental permits; plat or consent to platting; develop; grant an option concerning; lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise grant or dispose of an interest in real property or a right incident to real property; (3) Pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal; (4) Release, assign, satisfy, or enforce by litigation or otherwise a mortgage,…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 1 court opinionsMost recently applied by a court: 2024
Leading cases: Lp Radcliff, LLC D/B/A Signature Healthcare of North Hardin Rehab and Wellness Center v. Ernest Simcoe (Court of Appeals of Kentucky 2024)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 457.420Statutory form power of attorneyIn force
A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this chapter: KENTUCKY STATUTORY FORM POWER OF ATTORNEY IMPORTANT INFORMATION This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Uniform Power of Attorney Act in KRS Chapter 457. This power of attorney does not authorize the agent to make health-care decisions for you. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you. Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions. This form provides for designation of one (1) agent.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 1 court opinionsMost recently applied by a court: 2024
Leading cases: Lp Radcliff, LLC D/B/A Signature Healthcare of North Hardin Rehab and Wellness Center v. Ernest Simcoe (Court of Appeals of Kentucky 2024)
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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This article also draws on these acts and chapters (opening at their first section): Kentucky Revised Statutes, Chapter 311: PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS § 311.010 (Repealed, 1952.)
Related law for further reading — not part of this article’s citations.
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Sources and References
- KRS Chapter 457, Kentucky Uniform Power of Attorney Act (2018)(apps.legislature.ky.gov).gov
- KRS 457.040, Power of attorney is durable (effective July 14, 2018)(apps.legislature.ky.gov).gov
- KRS 457.050, Execution of power of attorney (effective July 15, 2020)(apps.legislature.ky.gov).gov
- KRS 457.140, Agent duties (effective July 14, 2018)(apps.legislature.ky.gov).gov
- KRS 457.245, Authority requiring specific grant / hot powers (effective July 15, 2020)(apps.legislature.ky.gov).gov
- KRS 457.100, Termination of power of attorney or agent authority (effective July 14, 2018)(apps.legislature.ky.gov).gov
- KRS 457.190, Acceptance of acknowledged power of attorney (effective July 14, 2018)(apps.legislature.ky.gov).gov
- KRS 457.200, Liability for refusal to accept acknowledged power of attorney (effective July 14, 2018)(apps.legislature.ky.gov).gov
- KRS 457.420, Statutory form power of attorney(apps.legislature.ky.gov).gov
- KRS Chapter 311, Kentucky Living Will Directive Act (KRS 311.621 to 311.643)(apps.legislature.ky.gov).gov
- KRS 311.621, Definitions for Kentucky Living Will Directive Act (effective June 24, 2015)(apps.legislature.ky.gov).gov
- KRS 311.625, Form of living will directive and execution requirements (effective June 25, 2013)(apps.legislature.ky.gov).gov
- KRS 311.629, Powers of health care surrogate (effective July 15, 1994)(apps.legislature.ky.gov).gov