Kentucky Statutes 457.050 – Execution of power of attorney
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(1) A power of attorney shall be signed by the principal or in the principal’s conscious presence by another individual directed by the principal to sign the principal’s name on the power of attorney. If signed in the principal’s conscious presence by another individual, the reason for this method of signing shall be stated in the power of attorney.
(2) A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 41, sec. 42, effective July 15, 2020. — Created
2018 Ky. Acts ch. 185, sec. 5, effective July 14, 2018.
(2) A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.
Terms Used In Kentucky Statutes 457.050
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Power of attorney: means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used. See Kentucky Statutes 457.020
- Principal: means an individual who grants authority to an agent in a power of attorney. See Kentucky Statutes 457.020
- Sign: means , with present intent to authenticate or adopt a record: (a) To execute or adopt a tangible symbol. See Kentucky Statutes 457.020
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 41, sec. 42, effective July 15, 2020. — Created
2018 Ky. Acts ch. 185, sec. 5, effective July 14, 2018.