Free Kentucky Power of Attorney Form

Kentucky Power of Attorney Form

You don’t have to be a pessimist to prepare a living will or to ask your spouse or sibling to make the tough call of pulling out the plug when it comes down to it. Preparing these document, especially the one to be used in the event of illness, only means that you are prepared for what may come.

Despite being a tough decision to sign a document that entrusts someone else with authority over your affairs, it’s crucial. The document you prepare and sign to legalize someone as your decision-maker is a power of attorney or POA. A power of attorney refers to a legal instrument which you use to grant another party authority to act legally in your place when you cannot act. As the individual authorizing another, the state calls you the principal and the person who gets your authority is your agent or attorney-in-fact.

Even though third parties don’t have to oblige to the directives of the POA, they get legal protection should they choose to honor the POA. This is because the Kentucky laws regulate POAs.

While filling out your free Kentucky power of attorney form, you should understand that the powers contained in the document could be springing or non-springing. What this means is that the powers are executable only when their need springs up (say the principal is incapacitated and unable to make decisions) or they could be executable immediately the document is signed and notarized. The difference in execution times is what brings forth the springing and the non-springing powers of attorney respectively.

Also, note that your free power of attorney form in Kentucky could be ordinary, general, or durable. They could also be limited or special.

  • Powers of Attorney – Types

    • 1. Kentucky Durable Powers of Attorney Laws

In Kentucky, the durable POA refers to a legal document that you sign to assign someone else the power to make financial and healthcare decisions in your place. Basically, the agent uses the POA to communicate to third parties what you would have wanted. Since your wishes may not be what other people wish to deal with, you’ll need to choose a trustworthy person to be your agent.

Besides deciding whether the doctors pull the plugs or not, the agent could pay the bills in your place, invest your money, sell or rent your property, and even sue on your behalf, when you are incapacitated.

In the state of Kentucky under the revised statutes in chapter 31 and sections 621 to .643 of the Living Will directives Act, the following are the conditions and legal requirements for the execution of the DPOA.

The specific powers of the agent and allowed actions to prolong life

Under the statutes mentioned above, the agent has the authority to make the tough decision on health care if the principal is incapacitated. The decisions made by the agent are communicated in the same way as the principal would have. However, the agent cannot communicate their own wishes. This means that the agent, also, the principal’s surrogate should recommend actions to the doctor as per the wishes of the principal

  • Some of the directives communicated by the agent include withholding or refusing the use of artificial nutrition and hydration if the following happen:

    • If death looms and doctors expect it to happen within days

    • If the patient cannot eat manually

    • If the burden that comes with providing artificial hydration and nutrition outweighs expected benefits

    • The principal becomes unconscious permanently and if there exists an advanced directive authorizing withholding or the withdrawal of hydration and nutrition.

  • Legal Requirements that warrant the execution of the DPOA

    • If an adult of sound mind prepares it. Note that the agent (surrogate) cannot make any decisions if a doctor determines, in good faith, that the principal is in no position to make the decisions

    • The document should in written form, dated, and with the principal’s signature.

    • It should name one or even two adults as an agent. However, if the DPOA names two people as an agent, they have to agree to make unanimous decisions.

    • At least 2 adult witnesses should be signed with the principal present. Alternatively, it could be notarized.

Revocation of the DPOA

For revocation, you need a verbal statement communicating the principal’s intention to revoke the document, in the presence of an adult and one of the adults should be a healthcare provider

The destruction through defacing or burning of the DPOA revokes the document.

The revocation is immediate, and an oral revocation overrides previously written directives.

Interstate validity: as long as the directives from a different state complies (fully or partially) with the Kentucky laws, then it is executable

  • A doctor who isn’t willing to comply with the Kentucky laws should transfer the patient to willing doctor or facility. And, if a doctor acts in good faith, they will not be liable.

    • 2. Kentucky Limited POA Law

The limited powers of attorney are best put to use when a principal wishes to grant an agent specific powers. The powers granted enable the agent to take care of an affair when a principal is away or when they cannot complete the tasks because of incapacitation.

  • The powers are active unless the principal sends a revocation notice to the agent and third parties following the directives of the agent.

    • 3. Kentucky POA Affidavit Law

Covered in Section 384.020 of the POA and health care laws, this is a law governing the affidavit used by an agent to absence a death notification. The affidavit sets forth the fact that the agent didn’t know about the termination or revocation notice for the POA, death or absence of the principal at the time they acted.

The affidavit could be used as a recordable instrument if necessary and when authenticated for the record.

Looking to fill out your general or special POA today? Use our free power of attorney forms available online and accessible in all cities in the state of Kentucky including Louisville, Lexington, Bowling Green, Owensboro or Covington etc.