Legal Question in Elder Law in Kentucky

Re: Power of attorney

Thank you for your question. Whether a power of attorney is legal and valid is really a difficult determination. Most states have statues setting forth what is required to create a legal and valid POA. A POA might be valid for some acts and invalid for others, depending on what powers are given. As to whether there exists a POA given by your sister you will just have to do some calling to people, banks, nursing homes, hospitals etc. who may have been given a copy. If a POA has been used to sell or lease her home, a copy of it may be recorded in the office where deeds are recorded in the county where she has property. Perhaps you should post this question to a Kentucky attorney.

Re: Power of attorney (

If she will discuss this with you, and assuming she has the mental capacity to do so, asking her would be the best way. If you believe that she may be exploited by someone with a POA, you should contact the state adult protective services office in her county and seek an investigation.

Some POAs are filed in the county clerk's office, but unless transferring real estate is an issue, this is not mandatory.