{"data":{"id":"us-ky/krs-457.200","jurisdiction":"us-ky","citation":"KRS 457.200","heading":"Liability for refusal to accept acknowledged power of attorney.","body":"(1) Except as otherwise provided in subsection (2) of this section:\n(a) A person shall either accept an acknowledged power of attorney or request a\ncertification, a translation, or an opinion of counsel under KRS 457.190(4) no\nlater than seven (7) business day s after presentation of the power of attorney\nfor acceptance;\n(b) If a person requests a certification, a translation, or an opinion of counsel\nunder KRS 457.190(4), the person shall accept the power of attorney no later\nthan five (5) business days after receipt of the certification, translation, or\nopinion of counsel; and\n(c) A person may not require an additional or different form of power of attorney\nfor authority granted in the power of attorney presented.\n(2) A person is not required to accept an acknowledged power of attorney if:\n(a) The person is not otherwise required to engage in a transaction with the\nprincipal in the same circumstances;\n(b) Engaging in a transaction with the agent or the principal in the same\ncircumstances would be inconsistent with federal law;\n(c) The person has actual knowledge of the termination of the agent's authority or\nof the power of attorney before exercise of the power;\n(d) A request for a certification, a translation, or an opinion of counsel under KRS\n457.190(4) is refused;\n(e) The person in good faith believes that the power is not valid or that the agent\ndoes not have the authority to perform the act requested, whether or not a\ncertification, a translation, or an opinion of counsel under KRS 457.190(4) has\nbeen requested or provided; or\n(f) The person makes, or has actual knowledge that another person has made, a\nreport to the Cabinet for Health and Family Services stating a good faith belief\nthat the principal may be subject to physical or financial abuse, neglect,\nexploitation, or abandonment by the agent or a person acting for or with the\nagent.\n(3) A person that refuses in violation of this section to accept an acknowledged power\nof attorney is subject to:\n(a) A court order mandating acceptance of the power of attorney; and\n(b) Liability for reasonable attorney's fees and costs incurred in any action or\nproceeding that confirms the validity of the power of attorney or mandates\nacceptance of the power of attorney.\n(4) A person that accepts a power of attorney pursuant to this section shall not be liable\nfor his or her good faith reliance on the agent's representation of the scope of\nauthority granted to the agent by the power of attorney. In addition, the person shall\nnot be responsible to determine or ensure the proper application of funds or property\nby the agent.","path":["KRS Chapter 457"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48280","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:59Z","sha256":"f82c04dbec38000eb0219dfe8a77868d833028f6c8dd1f72dbe947516f4a92da","source_id":"us-ky","stale":false,"prev":"us-ky/krs-457.190","next":"us-ky/krs-457.210"},"notice":"GroundRules: Original legal text. Not legal advice."}