2017 Kentucky Revised Statutes
CHAPTER 386 - ADMINISTRATION OF TRUSTS -- LEGAL INVESTMENTS -- UNIFORM PRINCIPAL AND INCOME ACT
.093 Effect of disability, incapacity, or death on power of attorney, durable or otherwise.
Universal Citation:
KY Rev Stat § 386.093 (2017)
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386.093 Effect of disability, incapacity, or death on power of attorney, durable or
otherwise.
(1)
(2)
(3)
(4)
(5)
(6)
As used in this section, "durable power of attorney" means a power of attorney by
which a principal designates another as the principal's attorney in fact in writing and
the writing contains the words, "This power of attorney shall not be affected by
subsequent disability or incapacity of the principal, or lapse of time", or "This
power of attorney shall become effective upon the disability or incapacity of the
principal", or similar words showing the intent of the principal that the authority
conferred shall be exercisable notwithstanding the principal's subsequent disability
or incapacity, and, unless it states a time of termination, notwithstanding the lapse
of time since the execution of the instrument.
All acts done by an attorney in fact under a durable power of attorney during any
period of disability or incapacity of the principal have the same effect and inure to
the benefit of and bind the principal and the principal's successors in interest as if
the principal were competent and not disabled. Unless the instrument states a time
of termination, the power is exercisable notwithstanding the lapse of time since the
execution of the instrument.
The death of a principal who has executed a written power of attorney, durable or
otherwise, does not revoke or terminate the agency as to the attorney in fact or other
person, who, without actual knowledge of the death of the principal, acts in good
faith under the power. Any action so taken, unless otherwise invalid or
unenforceable, binds successors in interest of the principal.
The disability or incapacity of the principal who has previously executed a written
power of attorney that is not a durable power does not revoke or terminate the
agency as to the attorney in fact or other person, who, without actual knowledge of
the disability or incapacity of the principal, acts in good faith under the power. Any
action so taken, unless otherwise invalid or unenforceable, binds the principal and
the principal's successors in interest.
If the power of attorney is to become effective upon the disability or incapacity of
the principal, the principal may specify the conditions under which the power is to
become effective and may designate the person, persons, or institution responsible
for making the determination of disability or incapacity. If the principal fails to so
specify, the power shall become effective upon a written determination by two (2)
physicians that the principal is unable, by reason of physical or mental disability, to
prudently manage or care for the principal's person or property, which written
determination shall be conclusive proof of the attorney in fact's power to act
pursuant to the power of attorney. The two (2) physicians making the determination
shall be licensed to practice medicine.
Notwithstanding any provision of law to the contrary, a durable power of attorney
may authorize an attorney in fact to make a gift of the principal's real or personal
property to the attorney in fact or to others if the intent of the principal to do so is
unambiguously stated on the face of the instrument.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 27, sec. 1, effective July 14, 2000. -- Amended
1998 Ky. Acts ch. 421, sec. 2, effective July 15, 1998. -- Created 1972 Ky. Acts ch.
168, sec. 1.
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