Kentucky Statutes 457.090 – When power of attorney effective
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(1) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.
(2) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one (1) or more persons to determine in a writing or other record that the event or contingency has occurred.
(3) If a power of attorney becomes effective upon the principal’s incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:
(a) A physician, an advanced practice registered nurse, a psychologist licensed or certified under the provisions of KRS Chapter 319, or a person licensed or certified as a social worker or an employee of the Cabinet for Health and Family Services who meets the qualifications of KRS § 335.080(1)(a), (b), and (c) or 335.090(1)(a), (b), and (c), that the principal is incapacitated within the meaning of KRS § 457.020(5)(a); or
(b) An attorney-at-law or a judge that the principal is incapacitated within the meaning of KRS § 457.020(5)(b).
(4) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal’s personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 to 1179 of the Social Security Act, 42 U.S.C. sec. 1320d, as amended, and applicable regulations, to obtain access to the principal’s health-care information and communicate with the principal’s health-care provider for the sole purpose of determining whether the principal is incapacitated, unless the power of attorney otherwise provides.
Effective: July 14, 2018
History: Created 2018 Ky. Acts ch. 185, sec. 9, effective July 14, 2018.
(2) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one (1) or more persons to determine in a writing or other record that the event or contingency has occurred.
Terms Used In Kentucky Statutes 457.090
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
- Incapacity: means inability of an individual to manage property or business affairs because the individual:
(a) Has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance. See Kentucky Statutes 457.020 - 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
- Principal: means an individual who grants authority to an agent in a power of attorney. See Kentucky Statutes 457.020
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Kentucky Statutes 457.020
(3) If a power of attorney becomes effective upon the principal’s incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:
(a) A physician, an advanced practice registered nurse, a psychologist licensed or certified under the provisions of KRS Chapter 319, or a person licensed or certified as a social worker or an employee of the Cabinet for Health and Family Services who meets the qualifications of KRS § 335.080(1)(a), (b), and (c) or 335.090(1)(a), (b), and (c), that the principal is incapacitated within the meaning of KRS § 457.020(5)(a); or
(b) An attorney-at-law or a judge that the principal is incapacitated within the meaning of KRS § 457.020(5)(b).
(4) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal’s personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 to 1179 of the Social Security Act, 42 U.S.C. sec. 1320d, as amended, and applicable regulations, to obtain access to the principal’s health-care information and communicate with the principal’s health-care provider for the sole purpose of determining whether the principal is incapacitated, unless the power of attorney otherwise provides.
Effective: July 14, 2018
History: Created 2018 Ky. Acts ch. 185, sec. 9, effective July 14, 2018.