457.265 Construction of authority generally.
353 words·~2 min read·
/ky/chapter-457/457-265A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in KRS 457.270 to 457.390 or that grants to an agent authority to do all acts that a principal could do pursuant to KRS 457.245(3), a principal authorizes the agent, with respect to that subject, to:
(1)Demand, receive, and obtain by litigation or otherwise, money or another thing of
value to which the principal is, may become, or claims to be entitled, and conserve,
invest, disburse, or use anything so received or obtained for the purposes intended;
(2)Contract in any manner with any person, on terms agreeable to the agent, to
accomplish a purpose of a transaction and perform, rescind, cancel, terminate,
reform, restate, release, or modify the contract or another contract made by or on
behalf of the principal;
(3)Execute, acknowledge, seal, deliver, file, or record any instrument or
communication the agent considers desirable to accomplish a purpose of a
transaction, including creating at any time a schedule listing some or all of the
principal’s property and attaching it to the power of attorney;
(4)Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or
propose or accept a compromise with respect to a claim existing in favor of or
against the principal or intervene in litigation relating to the claim;
(5)Seek on the principal’s behalf the assistance of a court or other governmental
agency to carry out an act authorized in the power of attorney;
(6)Engage, compensate, and discharge an attorney, accountant, discretionary
investment manager, expert witness, or other advisor;
(7)Prepare, execute, and file a record, report, or other document to safeguard or
promote the principal’s interest under a statute or regulation;
(8)Communicate with any representative or employee of a government or
governmental subdivision, agency, or instrumentality, on behalf of the principal;
(9)Access communications intended for, and communicate on behalf of the principal,
whether by mail, electronic transmission, telephone, or other means; and
(10)Do any lawful act with respect to the subject and all property related to the subject.