A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal.
Effective: July 14, 2018

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Terms Used In Kentucky Statutes 457.040

  • Incapacity: means inability of an individual to manage property or business affairs because the individual:
    (a) Has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance. See Kentucky Statutes 457.020
  • Principal: means an individual who grants authority to an agent in a power of attorney. See Kentucky Statutes 457.020

History: Created 2018 Ky. Acts ch. 185, sec. 4, effective July 14, 2018.