A power of attorney that works at the bank may not work at the courthouse.
Kentucky has specific requirements for using a power of attorney to convey real property, and a general form often does not meet them.
Check the document firstRecording is generally required
To convey Kentucky real property under a power of attorney, the instrument generally has to be recorded in the county where the property is located. A power of attorney sitting in a drawer, however valid, does not satisfy that.
Kentucky's power of attorney statutes also address what has to appear in the document itself. Authority over real property is commonly treated as something that must be expressly granted rather than assumed from general language.
Get it reviewed before you rely on it
The most common failure is discovering at closing that the document does not grant what is needed. A title company will not insure a transaction signed under an inadequate power of attorney, and by then the principal may no longer have capacity to sign a new one.
Have the closing attorney review the actual document early, ideally before you go under contract. It costs almost nothing at that stage and it is a genuine problem later.
It ends when the principal dies
A power of attorney terminates at the death of the principal. Full stop. If the principal dies before closing, the agent's authority is gone and the transaction moves into the estate.
That is not a reason to panic, it is a reason to tell us and the closing attorney immediately if circumstances change. The path forward becomes probate rather than a signature, and we handle those too.
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Question 1 of 5
What people ask about this
Does the power of attorney have to be recorded?
Generally yes, to convey Kentucky real property. Your closing attorney handles the recording.
Can I use a general power of attorney form from the internet?
Often not for real property. Kentucky has specific requirements and a generic form frequently falls short. Have it reviewed.
What if the principal has lost capacity?
A durable power of attorney generally survives incapacity, if properly drafted. If there is no valid document, guardianship may be the path. Ask an attorney.
Often it is more than one thing at once
Check the document first.
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