Updated August 3, 2026. Quick answer: KRS 457.050 requires only that the POA be signed by the principal (or, in the principal’s conscious presence, by another individual directed by the principal, with the reason stated); notarization is not strictly required for validity, but only an ‘acknowledged’ (notarized) POA is presumed genuine and qualifies for the Act’s mandatory third-party acceptance rules. No witnesses are required at any point.. This state publishes a free official form, linked below. A power of attorney here is durable by default — it survives incapacity unless it says otherwise.
| Execution | KRS 457.050 requires only that the POA be signed by the principal (or, in the principal’s conscious presence, by another individual directed by the principal, with the reason stated); notarization is not strictly required for validity, but only an ‘acknowledged’ (notarized) POA is presumed genuine and qualifies for the Act’s mandatory third-party acceptance rules. No witnesses are required at any point. |
| Statutory form | Yes — KRS 457.420 |
| Durability | Durable by default |
| Who may not witness | None stated (no witnesses required by statute). |
| Agent must accept in writing | No |
| Statute | KRS Chapter 457 (Uniform Power of Attorney Act (2006)) |
What decides whether the document is valid
KRS 457.050 requires only that the POA be signed by the principal (or, in the principal’s conscious presence, by another individual directed by the principal, with the reason stated); notarization is not strictly required for validity, but only an ‘acknowledged’ (notarized) POA is presumed genuine and qualifies for the Act’s mandatory third-party acceptance rules. No witnesses are required at any point. Get this wrong and the document is not merely weak — it may be void, and you will find out at the moment somebody needs to use it.
Who may not witness: None stated (no witnesses required by statute). This is the condition that most often fails in practice, because the people in the room are usually the people with an interest.
The free official form
Kentucky publishes a form at no cost: the official Kentucky power of attorney form. For a straightforward appointment this is usually all you need, and there is no reason to pay for a copy of it.
Durability — the point most people get wrong
Here a power of attorney is durable by default: it keeps working after the principal loses capacity unless the document says it should not. That is the opposite of the historical rule and it is why old advice about needing magic words can mislead.
Why a springing power often fails when it is needed, and why durable is usually the better default.
If a bank refuses it
Kentucky addresses this by statute: Yes — KRS 457.200: a person must accept an acknowledged POA, or request certification/translation/opinion of counsel, within 7 business days of presentation; if requested, must then accept within 5 business days of receiving the response. May not demand a different/additional form. Limited exceptions apply. Wrongful refusal exposes the refuser to a court order mandating acceptance and liability for reasonable attorney’s fees and costs.
What the form does not solve
- Social Security will not accept it. No power of attorney works there — a representative-payee application is the only route.
- It has to be signed while capacity is intact. The day that closes, the alternative is a court.
- Name a successor agent. A document whose only named agent has died or declined does nothing — how to choose when there is no obvious person.
All 51 jurisdictions compared.
If the free form does not fit your situation
Use the official form above first — it is free, it is written to satisfy this state’s own statute, and for a straightforward appointment it is usually all that is needed. Software is worth paying for when the situation outgrows a fixed form: co-agents, successor agents, limits on gifting, or a bank that has already given you trouble. LawDepot builds a state-specific power of attorney executed under this state’s witnessing and notary rules.
LawDepot pays us a commission if you buy through this link — it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
General information drawn from IRS, Medicare, HUD and state statute and regulation, not legal, tax or financial advice. Continuing-care law is state law and differs materially between states; every figure here is year-labelled and every source named. Powers of attorney, guardianship and trusts are governed by STATE law and differ materially between states. Execution requirements decide whether a document is VALID, so verify them against your own state’s current statute before signing anything. We are not a law firm and this is not legal advice.