457.190 Acceptance of and reliance upon acknowledged power of attorney.

341 words·~2 min read·/ky/chapter-457/457-190

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)For purposes of this section and KRS 457.200, "acknowledged" means purportedly

verified before a notary public or other individual authorized to take

acknowledgements.

(2)A person that in good faith accepts an acknowledged power of attorney without

actual knowledge that the signature is not genuine may rely upon the presumption

under KRS 457.050 that the signature is genuine.

(3)A person that in good faith accepts an acknowledged power of attorney without

actual knowledge that the power of attorney is void, invalid, or terminated, that the

purported agent's authority is void, invalid, or terminated, or that the agent is

exceeding or improperly exercising the agent's authority may rely upon the power of

attorney as if the power of attorney were genuine, valid, and still in effect, the

agent's authority were genuine, valid, and still in effect, and the agent had not

exceeded and had properly exercised the authority.

(4)A person that is asked to accept an acknowledged power of attorney may request,

and rely upon, without further investigation:

(a)An agent's certification under penalty of perjury of any factual matter

concerning the principal, agent, or power of attorney;

(b)An English translation of the power of attorney if the power of attorney

contains, in whole or in part, language other than English; and

(c)An opinion of counsel as to any matter of law concerning the power of

attorney if the person making the request provides in a writing or other record

the reason for the request.

(5)An English translation or an opinion of counsel requested under this section must be

provided at the principal's expense unless the request is made more than seven

business days after the power of attorney is presented for acceptance.

(6)For purposes of this section and KRS 457.200, a person that conducts activities

through employees is without actual knowledge of a fact relating to a power of

attorney, a principal, or an agent if the employee conducting the transaction

involving the power of attorney is without actual knowledge of the fact.