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Kentucky Springing Power of Attorney Form

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Updated May 20, 2024

A Kentucky springing power of attorney is a document that legally authorizes someone (the agent) to make important decisions for another person (the principal) in the event that the principal becomes unable to manage their own affairs. Unless the principal becomes incapacitated, the agent has no authority to make decisions for them.

Permitted in Kentucky?

Yes, under Kentucky law, the principal may provide that a power of attorney only becomes effective at a future date or upon the occurrence of a future event.[1]

Signing Requirements

A power of attorney must be signed by the principal (or another person directed by the principal) before a notary public or other individual authorized by law to take acknowledgments.[2]

“Incapacity” Definition

“Incapacity” means the inability of an individual to manage property or business affairs because the individual:

(A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
(B) is:

(i) missing;
(ii) detained, including incarcerated in a penal system; or
(iii) outside the United States and unable to return.[3]

Sources

  1. Ky. Rev. Stat. § 457.090
  2. Ky. Rev. Stat. § 457.050
  3. Ky. Rev. Stat. § 457.020(5)