457.100 Termination of power of attorney or agent's authority.
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/ky/chapter-457/457-100A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A power of attorney terminates when:
(a)The principal dies;
(b)The principal becomes incapacitated, if the power of attorney is not durable;
(c)A court appoints a limited conservator, conservator, limited guardian, or
guardian of the principal's estate or other fiduciary charged with the
management of some or all of the principal's property, unless the court
specifically provides that the power of attorney shall remain in effect;
(d)The principal revokes the power of attorney or, if the power of attorney was
filed, the principal revokes the power of attorney in accordance with KRS
382.370;
(e)The power of attorney provides that it terminates;
(f)For a power of attorney that specifically states a purpose, the purpose of the
power of attorney is accomplished; or
(g)The principal revokes the agent's authority or the agent dies, becomes
incapacitated, or resigns, and the power of attorney does not provide for
another agent to act under the power of attorney.
(2)An agent's authority terminates when:
(a)The principal revokes the authority;
(b)The agent dies, becomes incapacitated, or resigns;
(c)An action is filed for the dissolution or annulment of the agent's marriage to
the principal or their legal separation, unless the power of attorney otherwise
provides; or
(d)The power of attorney terminates.
(3)Unless the power of attorney otherwise provides, an agent's authority is exercisable
until the authority terminates under subsection
(2)of this section, notwithstanding a
lapse of time since the execution of the power of attorney.
(4)Termination of an agent's authority or of a power of attorney is not effective as to
the agent or another person that, without actual knowledge of the termination, acts
in good faith under the power of attorney. An act so performed, unless otherwise
invalid or unenforceable, binds the principal and the principal's successors in
interest.
(5)Incapacity of the principal of a power of attorney that is not durable does not revoke
or terminate the power of attorney as to an agent or other person that, without actual
knowledge of the incapacity, acts in good faith under the power of attorney. An act
so performed, unless otherwise invalid or unenforceable, binds the principal and the
principal's successors in interest.
(6)The execution of a power of attorney does not revoke a power of attorney
previously executed by the principal unless the subsequent power of attorney
provides that the previous power of attorney is revoked or that all other powers of
attorney are revoked.