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A marriage or legal separation is filed, unless the power of attorney document provides otherwise. Just as under the present law, a power of attorney is not required by the new law to be recorded, unless it is being use to convey, release or transfer any interest in real estate.

KRS 394.040, sets forth the necessary requirements for a valid Will in Kentucky. Unless the Will is written completely by the Testator by hand, the signature of the Testator must be either made or acknowledged in the presence of at least 2 credible witnesses.

In addition, Kentucky used to require the signatures of two disinterested witnesses, but this requirement was removed in 2018. However, if conflict regarding the execution of a power of attorney is anticipated, it is advisable to have the documents witnessed to further strengthen its validity in the eyes of the court.

The 2020 law now requires the power of attorney to expressly authorize gifts. It also goes into detail about certain gifts to certain persons who are serving as agents that must be expressly authorized (e.g., agents other than spouses, ancestors, or descendants).

Notarization Requirement While Kentucky does not technically require you to get your POA notarized, notarization is very strongly recommended. Under Kentucky law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuine?meaning your POA is more ironclad.

The $400 Uncontested Divorce. If you or your spouse is a Kentucky resident and you both want a divorce, Attorney Ryan Allison can help you get an uncontested divorce very quickly. With the $400 Divorce you will not appear in court and everything will be done on paper.