Kentucky Real Estate Power of Attorney Form is a document used by a principal when providing written permission for his or her selected agent to carry out functions with real property in his or her name. Potentially the principal can appoint the agent with the authority to assist with the sale, purchase, management, and refinancing of real property (depending on the directives the principal lists). The “agent” could be a business entity, a knowledgeable attorney, or even an individual that the principal would prefer handling a portion or all of his or her real property. When the document has been filled in,  completed with signature, and witnessed by a notary, that notary will have to provide the required acknowledgment needed for the document to be effective. The document may be revoked any time. The principal must provide written notice to the agent.

Laws – KRS 382.370

How to Write

1 – The Form On This Page Should Be Opened

The form required to issue a Real Estate Authority to an Agent or Attorney-in-Fact is accessible directly on this page. Select the button with the appropriate format type labeled on it. Once this paperwork is open, you may save it, work on it on screen, or print it then fill it out manually depending on your preferences. Note: Make sure you have information regarding the Principal, Attorney-in-Fact, and Property(ies) concerned available for reference.

2 – The Principal Granting Power And The Attorney-in-Fact Accepting Power Must Both Be Named

The first paragraph is a required statement to approve the delegation of Principal Power and Authority to the Attorney-in-Fact. However, some information will be requested in order for this document to apply to a specific situation.

To begin, locate the first blank line labeled “Full Name,” then present the Principal’s Legal Name. The second empty line must have the Principal’s Street Address accurately recorded. This must be his or her Residential Address. The Principal’s information will be rounded out by entering the City and State where the Principal lives on the spaces after “City of” and “State  of.”This statement continues to describe the Attorney-in-Fact to whom the Principal is delivering his or her Authority to. This begins with the empty space between “…hereby appoint” and “Full Name.” Document the Attorney-in-Fact’s Legal Name on this space. Next, record the Attorney-in-Fact’s Legal Street Address, City, and State using the next three empty spaces.3 – Each Authority The Principal Assigns Must Be Approved First-Hand

There will be six Articles that need to be tended to and the first one will seek to definitively describe what the Principal authorizes the Attorney-in-Fact to do in his or her Name. The Principal will provide his or her authorization by initialing the blank space preceding the Power definition and checking the box next to this space. In addition, each Power definition will need the Address and Legal Description of the Property the Principal is delivering Authority to.

The Principal will provide authorization for the Attorney-in-Fact to Sell a specific Real Estate on behalf of the Principal when the “Sale Of Real Estate” statement is initialed and checked. The first blank space here will need the Physical Address of the Real Estate the Attorney-in-Fact may sell and the second blank line will need the Legal Description of this property entered. The second statement, “Purchase of Real Estate,” will give the Principal a tool to approve the Attorney-in-Fact’s Principal Power in buying Real Estate in the Name of the Principal. If the Principal initials and checks this statement, the Attorney-in-Fact will be able to buy the Real Estate with the Address and Legal Description supplied in the blank lines of this statement on behalf of the Principal. The Attorney-in-Fact will have Principal Authorization to Manage the Principal Property defined through the Physical Address and Legal Description you must enter on the blank lines in this paragraph, once the Principal initials the blank space preceding “Management of Real Estate” and checks the box.

The Principal will be able to approve of the Attorney-in-Fact’s Principal Power to Refinance a specific real Estate as if he or she were the Principal by providing his or her initials on the blank space preceding the word “Refinancing” and checking the box present. Make sure to enter the Physical Address and Legal Description of the Real Estate the Attorney-in-Fact may refinance using the two blank lines provided here. 4 – Describe The Durability Of The Assigned Powers

The second Article, titled “Durable Power of Attorney,” will seek a definition of what the Principal requires for the Powers in this document to be terminated. By default, the Powers in this document will go into Effect the moment the Principal signs this form

If the Principal wishes to withdraw his or her approval of the granted Powers to the Attorney-in-Fact on a specific day, causing the automatic termination of the Attorney-in-Fact’s Principal Powers, the Principal will need to initial and check Choice (a). This selection requires the exact Termination Date recorded utilizing the three blank spaces in this statement. Note: This means that, with the exception of a written revocation, no other event will terminate this Attorney-in-Fact’s Principal Powers. The Principal may choose to only terminate the Approval and Delegation of Principal Power to the Attorney-in-Fact (as defined here) upon the Principal’s written Revocation, Incapacity, or Death. If so, the Principal must initial and check the empty space and checkbox (respectively) present in Choice (b). The Principal may decide this form’s termination will only occur upon his or her Revocation or Death. If these are the only events that may end the Attorney-in-Fact’s ability to use Principal Power, the Principal should initial Choice (c) then, mark the checkbox.

5 – The Revocation Of Previous Authority And Execution Of The Powers In This Paperwork

The Principal will execute this paperwork by signing this form. This act will verify the intent stated in the delegation of Power. The Date of this Signature will need to be reported in Article VI, “Revocation.” This may be done utilizing the empty spaces provided in the statement with the term “I have executed this instrument this.” Note: Enter the Day, Month, and Two-Digit Year. The “Principal’s Signature” line directly below the “In witness whereof…” statement must be signed by the Principal. Adjacent to this, the Principal must print his or her Name.

The Attorney-in-Fact must sign the “Agent’s Signature” line then Print his or her Name on the “Print Name” line.6 – The Supporting Testimonies To The Principal Signature

The next two headings “Affirmation By Witness 1” and “Affirmation By Witness 2” will only concern the Witnesses who can verify the act of signing because they have seen the Principal sign this form personally. Each Witness will need to enter his or her Name in the statement provided, then Sign and Print his or her Name on the spaces beneath their respective paragraph.7 – The Notarization Of This Signature

The Notary Public is the entity who will provide a Notarization Seal as well as his or her credentials. This party will verify certain facts about the Principal Signing as well. Only the Notary Public will be able to supply the requested items on the “Notary Acknowledgment” page.