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Kentucky Power of Attorney basics

If you wish to give a trusted friend, family member, or professional the power to handle your financial or legal issues in your absence or if you become ill, then a Kentucky Power of Attorney is the right document for you. Your authorization can begin immediately, on a specific date, or at whatever point you become incapacitated (for example, as a result of an accident, a serious illness, or surgery). It's your choice.


Where can I get a Power of Attorney form?


With Rocket Lawyer, you can make a Kentucky Power of Attorney document for free. Choose Kentucky from the drop-down state menu and click on the Make Document button. After answering some questions, Rocket Lawyer's document builder will personalize your document according to your specific preferences. Your Agent is the person you authorize to act or make decisions on your behalf. As the creator of the Power of Attorney, you are the Principal. Consider these questions before you start:

  • Who will you designate as your Agent, Co-Agent, and successor Agent?
  • Would you like to grant your Agent broad or specific powers?
  • Will your Agent have authority over any of your assets, businesses, trusts, or real estate?
  • Will your Agent be compensated?

If you've started your document, but then need to take a break, you can save the document and come back to it later.


Can a family member override a Power of Attorney?


Overriding a Power of Attorney may require some communication and some cooperation. Otherwise, the Power of Attorney document itself will need to be carefully evaluated to determine whether the Agent closely followed the wishes of the Principal, the person who created the Power of Attorney.

If you would like to override a Kentucky Power of Attorney, you may want to consider the following steps:

  1. Approach the Principal: A mentally competent Principal still has the ability to revoke the Power of Attorney document at any time. If the Principal authorized the Agent to conduct business on the Principal's behalf and the Principal is still mentally competent, he or she may be approached to revoke the Agent's authority.
  2. Approach the court: If the Principal is incapacitated, family members who want to override the Power of Attorney may have a more difficult time doing so. They may need to bring the issue to court to try and have the Agent removed.

Overriding a Power of Attorney can be complicated, depending on the particular situation. You may want to speak with an attorney if you are considering challenging an Agent's authority.


What are the different Power of Attorney forms?


There are a variety of different Power of Attorney forms, such as a General Power of Attorney, Durable Power of Attorney, Special Power of Attorney, and Springing Power of Attorney.

A General Power of Attorney allows you to authorize an Agent, someone you trust, to handle your affairs, but that authority ends if you become incapacitated. A Durable Power of Attorney, on the other hand, contains specific language that extends your agent's authority even if you are incapacitated. Unlike a Durable Power of Attorney, which is effective immediately, a Springing Power of Attorney is signed, but only goes into effect once a particular event occurs (for example, once the Principal become incapacitated).

A Special Power of Attorney, also known as a Limited Power of Attorney, allows an Agent to act only in specific situations.


Why is a Durable Power of Attorney called durable?


A Durable Power of Attorney is called "durable" because it doesn't end when the Principal becomes incapacitated, or unable to act or make decisions on his or her own behalf. It outlasts the incapacity of the Principal, and so it is "durable" in that sense.


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Sample Kentucky Power of Attorney

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