KRS 457.110: Coagents and successor agents.
Where this section sits in the code
- KRS Chapter 457
(1) If a principal designates two (2) or more persons to act as coagents, each coagent
may exercise its authority independently unless the power of attorney otherwise
provides.
(2) A principal may designate one (1) or more successor agents to act if an agent
resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve.
A principal may grant authority to designate one (1) or more successor agents to an
agent or other person designated by name, office, or function. Unless the power of
attorney otherwise provides, a successor agent:
(a) Has the same authority as that granted to the original agent; and
(b) May not act until all predecessor agents have resigned, died, become
incapacitated, are no longer qualified to serve, or have declined to serve.
(3) Except as otherwise provided in the power of attorney and subsection (4) of this
section, an agent that does not participate in or conceal a breach of fiduciary duty
committed by another agent, including a predecessor agent, is not liable for t he
actions of the other agent.
(4) An agent that has actual knowledge of a breach or imminent breach of fiduciary
duty by another agent of the same principal shall notify the principal and, if the
principal is incapacitated, take any action reasonably ap propriate in the
circumstances to safeguard the principal's best interest. An agent that fails to notify
the principal or take action as required by this subsection is liable for the reasonably
foreseeable damages that could have been avoided if the agent had notified the
principal or taken such action.
Collected 2026-09-05T20:59:59Z. Source file · JSON