457.360 Personal and family maintenance.
419 words·~2 min read·
/ky/chapter-457/457-360A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Unless the power of attorney otherwise provides, language in a power of attorney
granting general authority with respect to personal and family maintenance
authorizes the agent to:
(a)Perform the acts necessary to maintain the customary standard of living of the
principal, the principal’s spouse, and the following individuals, whether living
when the power of attorney is executed or later born:
1. The principal’s children;
2. Other individuals legally entitled to be supported by the principal; and
3. The individuals whom the principal has customarily supported or
indicated the intent to support;
(b)Make periodic payments of child support and other family maintenance
required by a court or governmental agency or an agreement to which the
principal is a party;
(c)Provide living quarters for the individuals described in paragraph
(a)of this
subsection by:
1. Purchase, lease, or other contract; or
2. Paying the operating costs, including interest, amortization payments,
repairs, improvements, and taxes, for premises owned by the principal or
occupied by those individuals;
(d)Provide normal domestic help, usual vacations and travel expenses, and funds
for shelter, clothing, food, appropriate education, including postsecondary and
vocational education, and other current living costs for the individuals
described in paragraph
(a)of this subsection;
(e)Pay expenses for necessary health care and custodial care on behalf of the
individuals described in paragraph
(a)of this subsection;
(f)Act as the principal’s personal representative pursuant to the Health Insurance
Portability and Accountability Act, Sections 1171 through 1179 of the Social
Security Act, 42 U.S.C. sec. 1320d, as amended, and applicable regulations, in
making decisions related to the past, present, or future payment for the
provision of health care consented to by the principal or anyone authorized
under the law of this state to consent to health care on behalf of the principal;
(g)Continue any provision made by the principal for automobiles or other means
of transportation, including registering, licensing, insuring, and replacing
them, for the individuals described in paragraph
(a)of this subsection;
(h)Maintain credit and debit accounts for the convenience of the individuals
described in paragraph
(a)of this subsection and open new accounts; and
(i)Continue payments incidental to the membership or affiliation of the principal
in a religious institution, club, society, order, or other organization or to
continue contributions to those organizations.
(2)Authority with respect to personal and family maintenance is neither dependent
upon, nor limited by, authority that an agent may or may not have with respect to gifts under this chapter.