{"data":{"id":"us-ky/krs-403.352","jurisdiction":"us-ky","citation":"KRS 403.352","heading":"Power of attorney for temporary delegation of parental rights and","body":"responsibilities regarding care and custody of a child.\n(1) A parent or legal guardian of a child, by a properly executed power of attorney, as\nestablished in this section an d KRS 403.353, may temporarily delegate to another\nperson, named in the instrument as the attorney -in-fact, for a period not to exceed\none (1) year any of the traditional parental rights and responsibilities regarding care\nand custody of the child except the following authorities:\n(a) Consent for the child to marry;\n(b) Consent for an abortion or inducement of an abortion to be performed on or\nfor the child; or\n(c) The termination of parental rights to the child.\n(2) A temporary delegation of rights and responsibilities under this section shall not:\n(a) Operate to change or modify any parental or legal rights, obligations, or\nauthority established by an existing court order; or\n(b) Deprive the parent or legal custodian of any parental or legal rights,\nobligations, or authority regarding the custody, visitation, or support of the\nchild.\n(3) The parent or legal custodian of the child shall have the authority to revoke or\nwithdraw the power of attorney authorized by this section at any time.\n(4) Upon the termina tion, withdrawal, expiration, or revocation of the power of\nattorney established by this section, the child shall be returned to the custody of the\nparent or legal guardian as soon as reasonably possible.\n(5) The attorney-in-fact named in the instrument as  established by this section shall not\nbe compensated for serving as the attorney-in-fact pursuant to this section.\n(6) Unless the power of attorney established by this section is terminated, revoked, or\nwithdrawn, the attorney -in-fact named in the instrum ent shall exercise parental or\nlegal authority on a continuous basis for the duration of the power of attorney\nestablished by this section.\n(7) (a) An attorney -in-fact properly appointed pursuant to this section and in\ncompliance with this section shall no t be subject to any statutes dealing with\nthe licensing or regulation of foster care homes or other child -care facility\nlicensing statutes, and the appointment of an attorney -in-fact pursuant to this\nsection and KRS 403.353 shall not constitute an out-of-home child placement.\n(b) The child or children subject to the power of attorney established in this\nsection shall not be considered placed in foster care, and the parties involved\nin the power of attorney established in this section shall not be subject to any\nrequirements, monito ring, or other regulation for foster care or community\ncare solely because of the execution of an instrument authorized pursuant to\nthis section or KRS 403.353.\n(8) Except as otherwise provided pursuant to the Kentucky Revised Statutes, the\nexecution of a power of attorney as established pursuant to this section by a parent\nor legal guardian shall not by itself constitute evidence of abandonment, abuse, or\nneglect, unless the parent or legal guardian fails to take custody of the child or\nexecute a new power  of attorney after the one (1) year time limit has elapsed.\nNothing in this subsection shall be interpreted to prevent an investigation of abuse,\nneglect, abandonment, other mistreatment of a child, or other crime.\n(9) (a) A parent or legal guardian shall not execute a power of attorney pursuant to\nthis section or KRS 403.353 with the intention of permanently avoiding or\ndivesting himself or herself of parental or legal responsibility for the care of\nthe child or for any other illegal or fraudulent purpose.\n(b) An attorney -in-fact or prospective attorney -in-fact designated or potentially\ndesignated pursuant to this section or KRS 403.353 shall not demand or\nrequest that a parent or guardian enter into an instrument established pursuant\nto this section or KRS  403.353 as a result of any person's financial or other\ndebt or obligation, or for any other illegal or fraudulent purpose.\n(c) A power of attorney established pursuant to this section and KRS 403.353\nshall not be used solely for the purpose of establishin g residency for school\nattendance purposes unless the child actually resides with the attorney -in-fact\nin the school district where the enrollment is sought, or the child otherwise\nresides in the district.\n(d) Violation of this section shall be punishable under Kentucky law.\n(10) If a parent or legal guardian of a child chooses to delegate powers pursuant to this\nsection regarding the care and custody of the child to a person or persons other than\na grandparent, aunt, uncle, or adult sibling of the child, a  full criminal history and\nchild abuse and neglect background check shall be conducted on the person or\npersons prior to the execution of the power of attorney authorized by this section.\nThe results of the background check shall be kept with the instrumen t establishing\nthe power of attorney pursuant to this section. A child shall not be placed with an\nindividual whose background check indicates that he or she has a criminal history of\nchild abuse and neglect.\n(11) Any period of time during which a child re sides with an attorney -in-fact under an\nunexpired and valid power of attorney properly executed pursuant to this section\nand KRS 403.353, shall not be included in determining whether the child has\nresided with the attorney-in-fact for the minimum period required to be designated a\nde facto custodian pursuant to KRS 403.270(1).","path":["KRS Chapter 403"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51203","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:29Z","sha256":"e721fcf37af2f20a7a63e9cae0d51312e1197ff29f5c67476d56a1f1573c930c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-403.350","next":"us-ky/krs-403.353"},"notice":"GroundRules: Original legal text. Not legal advice."}