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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.

Steps for Making a Financial Power of Attorney in Kentucky Create the POA Using Software or an Attorney. ... Sign the POA in the Presence of a Notary Public. ... Store the Original POA in a Safe Place. ... Give a Copy to Your Agent or Attorney-in-Fact. ... File a Copy With the Land Records Office.

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).

Kentucky's civil legal aid programs provide free legal assistance to low-income and other vulnerable people. The four legal aid programs assist individuals and families with issues related to income, family, housing, food security, safety and health.

The person making a power of attorney must be of sound mind and have the mental capacity to know what they are doing. It should be notarized. While Kentucky does not technically require you to get your POA notarized, notarization is very strongly recommended.

Previously, Kentucky laws used to require that two disinterested witnesses sign the power of attorney as well. But since mid-2018, notarization has been sufficient. Still, if you anticipate conflict?such as family members protesting the validity of the POA?having your POA witnessed might help down the line.