457.350 Claims and litigation.

362 words·~2 min read·/ky/chapter-457/457-350

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

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to:

(1)Assert and maintain before a court or administrative agency a claim, claim for

relief, cause of action, counterclaim, offset, recoupment, or defense, including an

action to recover property or other thing of value, recover damages sustained by the

principal, eliminate or modify tax liability, or seek an injunction, specific

performance, or other relief;

(2)Bring an action to determine adverse claims or intervene or otherwise participate in

litigation;

(3)Seek an attachment, garnishment, order of arrest, or other preliminary, provisional,

or intermediate relief and use an available procedure to effect or satisfy a judgment,

order, or decree;

(4)Make or accept a tender, offer of judgment, or admission of facts, submit a

controversy on an agreed statement of facts, consent to examination, and bind the

principal in litigation;

(5)Submit to alternative dispute resolution, settle, and propose or accept a

compromise;

(6)Waive the issuance and service of process upon the principal, accept service of

process, appear for the principal, designate persons upon which process directed to

the principal may be served, execute and file or deliver stipulations on the

principal’s behalf, verify pleadings, seek appellate review, procure and give surety

and indemnity bonds, contract and pay for the preparation and printing of records

and briefs, receive, execute, and file or deliver a consent, waiver, release,

confession of judgment, satisfaction of judgment, notice, agreement, or other

instrument in connection with the prosecution, settlement, or defense of a claim or

litigation;

(7)Act for the principal with respect to bankruptcy or insolvency, whether voluntary or

involuntary, concerning the principal or some other person, or with respect to a

reorganization, receivership, or application for the appointment of a receiver or

trustee which affects an interest of the principal in property or other thing of value;

(8)Pay a judgment, award, or order against the principal or a settlement made in

connection with a claim or litigation; and

(9)Receive money or other thing of value paid in settlement of or as proceeds of a

claim or litigation.