Kentucky Power of Attorney Requirements & Free Form

Kentucky requirements

• Kentucky follows the Uniform Power of Attorney Act, codified as KRS Chapter 457.
• KRS 457.050 requires the power of attorney to be signed by the principal, or by another individual in the principal's conscious presence at the principal's direction, with the reason for that method stated in the document.
• Witnesses are not required under KRS 457.050 as amended effective July 15, 2020.
• Notarization is not an absolute validity requirement, but a signature is presumed genuine only if the principal acknowledges it before a notary public or other authorized officer, and most institutions expect a notarized document.
• A Kentucky power of attorney is durable by default under KRS 457.040 unless it expressly provides that it terminates on the principal's incapacity.
• For real estate transactions, county clerks record supporting documents; confirm recording requirements with the county clerk where the property is located.

Frequently asked questions

Does a Kentucky power of attorney have to be notarized?

Strictly, KRS 457.050 only requires the principal's signature. But the signature is presumed genuine when acknowledged before a notary, and banks, county clerks, and title companies routinely expect that, so signing before a notary is the practical standard.

Is a Kentucky power of attorney durable by default?

Yes. Under KRS 457.040 a power of attorney created under the chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal.

Official sources

• https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50153
• https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48264
• https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=47170