By Nathan Vinson
Right at two years to the date, Kentucky has again changed its power of attorney law by adopting parts of the Uniform Power of Attorney Act that it did not adopt as part of the changes that went into effect on July 14, 2018. The new law went into effect on July 15, 2020, and applies to a power of attorney created before, on, or after July 15. However, acts done before July 15, 2020 are not affected by the new law.
The biggest change created by the 2018 law was the requirement that the power of attorney be witnessed by two disinterested persons, though a power of attorney validly executed before that law went into effect remained valid. The new law brings about three major changes – one of them being no more witnesses required! Just two years after that requirement came into effect, it is again changed to take us back to prior law. However, practitioners may decide it is best practice to continue to require two witnesses. Further, some states require that the power of attorney have two witnesses, especially when used to transfer real estate. On the flipside, the new law makes executing a power of attorney in urgent situations much easier.