Kentucky · Power of attorneyKentucky power of attorney at closing: signing, recording and acceptance

Under Kentucky's Uniform Power of Attorney Act, a power of attorney is signed by the principal, or in the principal's conscious presence by another individual the principal directs, with the reason for that method stated in the power; a signature the principal acknowledges before a notary public is presumed genuine (KRS 457.050). A power executed in Kentucky on or after July 14, 2018 is valid if it meets that rule, one executed elsewhere is valid if it met the law that governs it, and a photocopy or electronically transmitted copy has the same effect as the original unless another statute says otherwise (KRS 457.060). A power to convey or release real property may be acknowledged and recorded like a conveyance; if the deed made under it has to be recorded to be valid against creditors and purchasers, the power must be recorded the same way, and a recorded power isn't revoked until a written revocation, executed and acknowledged like a conveyance, or a signed marginal memorandum attested by the clerk, is lodged in the same office (KRS 382.370). A person that accepts an acknowledged power in good faith may rely on it and may ask for an agent's certification under penalty of perjury, an English translation, or an opinion of counsel with a written reason (KRS 457.190). It must accept the power or make that request within seven business days after presentation, then accept within five business days after receiving what it asked for, and it can't require a different form; a wrongful refusal can bring a court order and attorney's fees (KRS 457.200).