Power of Attorney Acceptance and Refusal Rules in Kentucky

At a glance

Requirements one by one

Covered powers and first response

The duty concerns an acknowledged power, meaning one purportedly verified before a notary or another authorized acknowledger (KRS § 457.190(1)). Chapter 457 excludes several powers, including a power coupled with an interest and some government, health-care and specialized instruments (§ 457.030). After presentation for acceptance, a person generally must accept the power or request permitted proof within seven business days (§ 457.200(1)(a)); the exceptions in subsection (2) qualify this duty.

Verification and later response

A recipient may request an agent certification under penalty of perjury, an English translation if the power contains another language, or a counsel opinion on a matter of law if it gives the reason in writing or another record (§ 457.190(4)). A translation or opinion is at the principal’s expense unless requested more than seven business days after presentation (§ 457.190(5)); the statute does not name a different payer for a late request.

After the item arrives, acceptance is generally due within five business days (§ 457.200(1)(b)), subject to the same statutory exceptions.

Refusal and court consequence

The refusal exceptions include no underlying duty to transact, federal-law conflict, actual knowledge of termination, refusal to provide requested proof, a good-faith belief that the power is invalid or the agent lacks authority, and a report to the Cabinet for Health and Family Services based on a good-faith belief of possible abuse, neglect, exploitation or abandonment (§ 457.200(2)). A person refusing in violation of the section is subject to an order mandating acceptance and liability for reasonable attorney’s fees and costs in the specified action or proceeding (§ 457.200(3)).

What trips people up

A recipient may not require a different form for authority already granted by the presented power (§ 457.200(1)(c)). Good-faith reliance on an agent’s account of the scope of authority has its own protection, and the recipient need not ensure how the agent uses funds or property (§ 457.200(4)). Another law applicable to financial institutions or other entities controls if inconsistent with Chapter 457 (§ 457.220).

Common questions

Must a refusal be in writing? Section 457.200 states no general written rejection procedure. A counsel-opinion request must give its reason in writing or another record (§ 457.190(4)(c)).

Can a recipient refuse solely because it prefers its own form? The statute bars requiring an additional or different form for authority the presented power already grants (§ 457.200(1)(c)).

Statutes and sources

Kentucky Legislative Research Commission, current KRS text, accessed October 4, 2026.

KRS § 457.030. “This chapter applies to all powers of attorney except: (1) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction; (2) A power to make health-care decisions including but not limited to health-care decisions outlined in KRS 311.621 to 311.643, unless the power of attorney otherwise provides; (3) Proxy or other delegation to exercise voting rights or management rights with respect to an entity, unless the power of attorney otherwise provides; (4) A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose, unless the power of attorney otherwise provides; (5) A power for reciprocal insurers as detailed in Subtitle 27 of KRS Chapter 304; (6) A power given by a member of the United States Armed Forces, a person serving as a merchant seaman, or a person outside the United States in connection with war activities as detailed in KRS Chapter 384; (7) A power for the temporary delegation of parental rights as detailed in KRS 403.352 and 403.353; and (8) A power granted to a motor vehicle dealer licensed pursuant to KRS 190.030, or an authorized insurer in this state, or the insurer's agent, for the purpose of facilitating the transfer of ownership or title to a motor vehicle, regardless of whether such power is an original, photocopy, or facsimile.” Official statute (accessed October 4, 2026).

KRS § 457.190. “(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 (7) 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.” Official statute (accessed October 4, 2026).

KRS § 457.200. “(1) Except as otherwise provided in subsection (2) of this section: (a) A person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under KRS 457.190(4) no later than seven (7) business days after presentation of the power of attorney for acceptance; (b) If a person requests a certification, a translation, or an opinion of counsel under KRS 457.190(4), the person shall accept the power of attorney no later than five (5) business days after receipt of the certification, translation, or opinion of counsel; and (c) A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented. (2) A person is not required to accept an acknowledged power of attorney if: (a) The person is not otherwise required to engage in a transaction with the principal in the same circumstances; (b) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law; (c) The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power; (d) A request for a certification, a translation, or an opinion of counsel under KRS 457.190(4) is refused; (e) The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under KRS 457.190(4) has been requested or provided; or (f) The person makes, or has actual knowledge that another person has made, a report to the Cabinet for Health and Family Services stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent. (3) A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to: (a) A court order mandating acceptance of the power of attorney; and (b) Liability for reasonable attorney's fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney. (4) A person that accepts a power of attorney pursuant to this section shall not be liable for his or her good faith reliance on the agent's representation of the scope of authority granted to the agent by the power of attorney. In addition, the person shall not be responsible to determine or ensure the proper application of funds or property by the agent.” Official statute (accessed October 4, 2026).

KRS § 457.220. “This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter.” Official statute (accessed October 4, 2026).