Kentucky Statutes 457.160 – Judicial relief
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(1) The following persons may petition a District Court to construe a power of attorney or review the agent‘s conduct, and grant appropriate relief:
(a) The principal or the agent;
(b) A guardian, conservator, or other fiduciary acting for the principal; (c) A person authorized to make health-care decisions for the principal; (d) The principal’s spouse, parent, or descendant;
(e) An individual who would qualify as a presumptive heir of the principal;
(f) A person named as a beneficiary to receive any property, benefit, or contractual right on the principal’s death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal’s estate;
(g) A governmental agency having regulatory authority to protect the welfare of the principal;
(h) The principal’s caregiver or another person that demonstrates sufficient interest in the principal’s welfare; and
(i) A person asked to accept the power of attorney.
(2) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent’s authority or the power of attorney.
Effective: July 14, 2018
History: Created 2018 Ky. Acts ch. 185, sec. 16, effective July 14, 2018.
(a) The principal or the agent;
Terms Used In Kentucky Statutes 457.160
- Agent: means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. See Kentucky Statutes 457.020
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Fiduciary: A trustee, executor, or administrator.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Kentucky Statutes 457.020
- Power of attorney: means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used. See Kentucky Statutes 457.020
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Principal: means an individual who grants authority to an agent in a power of attorney. See Kentucky Statutes 457.020
- Property: means anything that may be the subject of ownership, whether real or personal, or legal or equitable, or any interest or right therein. See Kentucky Statutes 457.020
(b) A guardian, conservator, or other fiduciary acting for the principal; (c) A person authorized to make health-care decisions for the principal; (d) The principal’s spouse, parent, or descendant;
(e) An individual who would qualify as a presumptive heir of the principal;
(f) A person named as a beneficiary to receive any property, benefit, or contractual right on the principal’s death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal’s estate;
(g) A governmental agency having regulatory authority to protect the welfare of the principal;
(h) The principal’s caregiver or another person that demonstrates sufficient interest in the principal’s welfare; and
(i) A person asked to accept the power of attorney.
(2) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent’s authority or the power of attorney.
Effective: July 14, 2018
History: Created 2018 Ky. Acts ch. 185, sec. 16, effective July 14, 2018.