Power of Attorney
Filing requirements for a power of attorney to convey or release property are the same as required for recording a deed KRS 382.370.
Document must have the following information:
Full names of grantor and grantee (KRS 382.135 (1)(a)) Effective July 15, 2016
Name of the person granting the power of attorney (grantor) (KRS 382.200)
Name of the person receiving the power of attorney (grantee) (KRS 382.200)
The clerk shall request a return mail address (KRS 382.240)
Document must be:
Signed by the grantor (KRS 382.370 and 382.130)
Acknowledged (Notarized) (KRS 382.370 and 382.130)
A preparation statement is not required, AGO-62-1100
Per KRS 457.050 Execution of power of attorney.(1) A power of attorney must be signed in the presence of two (2) disinterestedwitnesses by the principal or in the principal’s conscious presence by anotherindividual directed by the principal to sign the principal’s name on the power ofattorney. If signed in the principal’s conscious presence by another individual, thereason for this method of signing shall be stated in the power of attorney.(2) A signature on a power of attorney is presumed to be genuine if the principalacknowledges the signature before a notary public or other individual authorized bylaw to take acknowledgments.Effective: July 14, 2018History: Created 2018 Ky. Acts ch. 185, sec. 5, effective July 14, 2018.
There are two types: general, which grants full power, and specific, that allows only a specific act or acts.
KRS 382.370 Power of attorney to convey or release property - Recording - Revocation.
Powers of attorney to convey or release real or personal property, or any interest therein, may be acknowledged, proved and recorded in the proper office, in the manner prescribed for recording conveyances. If the conveyance made under a power, is required by law to be recorded or lodged for record, to make the same valid against creditors and purchasers, then the power must be lodged or recorded in like manner, and no such power so recorded shall be deemed to be revoked by any act of the party by whom it was executed, except from the time when there has been lodged for record in the office in which the power is recorded a written revocation, executed and proved or acknowledged in the manner prescribed for conveyances, or a memorandum of revocation made on the margin of the record thereof, which memorandum is signed by the party executing the same, and attested by the clerk.