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Power of Attorney

Jennifer Mills (Peeler) Peek – Attorney At Law

A power of attorney is a legal document that designates another person to handle your affairs if you get incapacitated or to represent and sign for you were signing a particular document needs your signature and you are not available. A Power of Attorney (POA) is the legal authorization for a person who has specifically been chosen to make decisions about another individual’s personal property, finances or medical treatment. The POA essentially allows a designated person to act on your behalf. Depending on how the document is put together or the specific requirements, it can either provide broad or narrow legal authority. This is why it is absolutely critical to have an attorney prepare, review and file these documents on your behalf. 

A durable power of attorney, as it is called can be for financial or healthcare affairs. It is definitely recommended that you get legal help to issue one if you need one. As far as a power of attorney for healthcare, it is recommended that everyone designate someone to make decisions for healthcare if the person becomes unable to make them for him or herself.

New Changes to the Power of Attorney Laws in Kentucky

Under the new laws enacted in July of 2022, principals signing a power of attorney document must do so in the presence of a notary public in order for it to be valid. Under the prior law, a pow could be executed with the principal’s signature in the presence of two disinterested parties. 

The new laws also include a statutory form designed to assist the principal to specifically authorize certain powers of agency from a provided list. This creates a more streamlined and uniform power of attorney document. 

Finally, the new law distinguishes between express grants of authority and general grants of authority. The general authority is limited by the subsections of the statue which provide for specific actions that may be taken. An express grant of authority however, requires the agent to specifically state within the POW that the agent, or the individual carrying out the power of attorney, has the authority to conduct certain actions on their behalf.

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Jennifer Peek |Peek Family Law | Family Law Paducah KY

Attorney Jennifer Mills Peek PLLC

Specializing in Family & Criminal Law

Jennifer handles your Illinois or Kentucky family law (including divorce, child custody, adoption, grandparent’s rights, etc.), criminal defense, and general law needs (including wills, POAs, etc) in her friendly, family-oriented office setting.

She knows that all other aspects of family law are delicate and sensitive practice areas. We can treat you with the kindness, sensitivity, and discretion you would expect, yet still, be tough and strong on your behalf. It’s what we do, every day.