Kentucky Statutes 457.030 – Applicability
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This chapter applies to all powers of attorney except:
(1) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;
(2) A power to make health-care decisions including but not limited to health-care decisions outlined in KRS § 311.621 to KRS § 311.643, unless the power of attorney otherwise provides;
(3) Proxy or other delegation to exercise voting rights or management rights with respect to an entity, unless the power of attorney otherwise provides;
(4) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose, unless the power of attorney otherwise provides;
(5) A power for reciprocal insurers as detailed in Subtitle 27 of KRS Chapter 304;
(6) A power given by a member of the United States Armed Forces, a person serving as a merchant seaman, or a person outside the United States in connection with war activities as detailed in KRS Chapter 384;
(7) A power for the temporary delegation of parental rights as detailed in KRS § 403.352 and KRS § 403.353; and
(8) A power granted to a motor vehicle dealer licensed pursuant to KRS § 190.030, or an authorized insurer in this state, or the insurer’s agent, for the purpose of facilitating the transfer of ownership or title to a motor vehicle, regardless of whether such power is an original, photocopy, or facsimile.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 41, sec. 41, effective July 15, 2020. — Created
2018 Ky. Acts ch. 185, sec. 3, effective July 14, 2018.
(1) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;
Terms Used In Kentucky Statutes 457.030
- Agent: means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. See Kentucky Statutes 457.020
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Kentucky Statutes 457.020
- 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
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Kentucky Statutes 457.020
(2) A power to make health-care decisions including but not limited to health-care decisions outlined in KRS § 311.621 to KRS § 311.643, unless the power of attorney otherwise provides;
(3) Proxy or other delegation to exercise voting rights or management rights with respect to an entity, unless the power of attorney otherwise provides;
(4) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose, unless the power of attorney otherwise provides;
(5) A power for reciprocal insurers as detailed in Subtitle 27 of KRS Chapter 304;
(6) A power given by a member of the United States Armed Forces, a person serving as a merchant seaman, or a person outside the United States in connection with war activities as detailed in KRS Chapter 384;
(7) A power for the temporary delegation of parental rights as detailed in KRS § 403.352 and KRS § 403.353; and
(8) A power granted to a motor vehicle dealer licensed pursuant to KRS § 190.030, or an authorized insurer in this state, or the insurer’s agent, for the purpose of facilitating the transfer of ownership or title to a motor vehicle, regardless of whether such power is an original, photocopy, or facsimile.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 41, sec. 41, effective July 15, 2020. — Created
2018 Ky. Acts ch. 185, sec. 3, effective July 14, 2018.