A will speaks only after you die. Powers of attorney and a living will speak for you if you are alive but cannot make or communicate decisions, because of illness, injury, or advancing age. Having them in place lets you choose who steps in and what you want, and spares your family the guesswork and, in many cases, a court proceeding.
This page offers general information about Kentucky law, not legal advice. Reading it or contacting us does not create an attorney-client relationship; that begins only when we agree in writing to represent you. See our advertising notice.
Durable Power of Attorney (Finances)
A power of attorney is a document in which you (the principal) authorize another person (your agent, sometimes called an attorney-in-fact) to act for you in financial and legal matters. Kentucky’s Uniform Power of Attorney Act is found in KRS Chapter 457.
- Durable by default. A Kentucky power of attorney remains effective if you become incapacitated unless the document expressly says otherwise (KRS 457.040).
- Signing. The principal signs it (or directs another person to sign in the principal’s presence). A notary acknowledgment makes the signature presumed genuine (KRS 457.050). We handle the notarization as part of the signing.
- When it starts. A power of attorney is effective when signed unless it says otherwise. A “springing” power of attorney takes effect only when a specified event occurs, typically your incapacity, and the document must say who decides that the event has happened (KRS 457.090). Springing powers can cause delay when your agent needs to act, and we will talk through which approach fits you.
- Specific powers. Certain powers, such as making gifts, creating or changing a trust, changing beneficiary designations, or changing survivorship rights, must be expressly granted in the document (KRS 457.245). A vague “all my affairs” clause may not do what you expect, so we tailor the powers.
- Your agent is a fiduciary. Your agent must act in good faith, within the scope of the authority you grant, and in your interest, keep records, and cooperate with those who need information (KRS 457.140).
- Choose carefully. A power of attorney gives someone considerable power over your property. Name someone you trust completely, and name a successor. Naming several agents to act together can be a recipe for disagreement, so we generally recommend one agent with a backup.
- Real estate. A power of attorney used to convey property may need to be recorded with the county clerk where the property is located (KRS 382.370).
- Financial institutions. Kentucky law generally requires a bank or other third party to accept a properly acknowledged power of attorney, or to ask for a certification, translation, or opinion of counsel, within seven business days (KRS 457.190 and KRS 457.200).
- Ending a power of attorney. You can revoke a power of attorney while you have capacity. It also ends at your death, and in some other circumstances, such as a court appointing a guardian or conservator, or when your spouse is your agent and a divorce or legal separation is filed (KRS 457.100). Tell your agent and the institutions that have the document, and retrieve the original.
Living Will
A living will (a “living will directive”) is a written statement of your wishes about life-prolonging treatment and artificially provided nutrition and hydration if you are close to the end of life or permanently unconscious. Kentucky’s rules are in KRS 311.621 to 311.643. Kentucky provides a statutory form, and to be valid a living will must be either signed before two adult witnesses or acknowledged before a notary (KRS 311.625). We prepare it in the proper format and arrange a signing that satisfies the law.
A living will applies only in limited circumstances (for example, a terminal condition or permanent unconsciousness as determined by your attending physician and another physician), so it works best together with a health care surrogate designation, discussed below.
Health Care Surrogate
A health care surrogate is someone you choose to make health care decisions if you cannot. Kentucky allows you to name a surrogate and successors in your directive (KRS 311.623). If you name more than one surrogate at a time, decisions must be unanimous unless the document says otherwise, so we generally suggest naming one surrogate and one or more successors. Talk to the people you name in advance; if a surrogate is unavailable or unwilling, the physician proceeds as though there is no designation (KRS 311.629).
If you do not name a surrogate, Kentucky law provides an order of people who may make decisions for you in certain situations, beginning with a guardian, then an attorney-in-fact with health care authority, your spouse, your adult children, your parents, and other relatives or friends (KRS 311.631). That may not be the person you would have picked, and family members may disagree.
Access to Your Medical Information
We draft your documents so that your health care surrogate or agent has the authority to obtain your health information when needed to make decisions for you.
Do Not Resuscitate and MOST Forms
A living will is not the same as a Do Not Resuscitate (DNR) order. Emergency responders will honor a wish not to be resuscitated only if it is documented on the form approved by the Kentucky Board of Medical Licensure, such as the DNR form or the Medical Order for Scope of Treatment (MOST) (KRS 311.623 and KRS 311.6225). Those forms are completed with your physician; ask us or your doctor about them.
Frequently Asked Questions
What happens if I become incapacitated and have no documents?
Your family may have to ask a court to appoint a guardian and/or conservator, which is a public, time-consuming process that can be costly and emotionally difficult. See our page on guardianship. For medical decisions alone, Kentucky’s list of people who can act for you, mentioned above, may apply.
What should I do with the documents after signing?
Give copies to your agent, your health care surrogate, and your doctors, and keep the originals in a safe but accessible place. Talk with those people about your wishes.
Can I change or revoke them?
Yes, while you have capacity. Changes written in the margins or crossed out on a signed document can cause confusion, so contact us for a proper replacement. You can revoke a living will or surrogate designation by a signed, dated writing, by destroying it, or by an oral statement made in front of two adults, one of whom is a health care provider. A new surrogate designation revokes the earlier one (KRS 311.627).
Can a surrogate or agent get in trouble for a decision?
Kentucky protects a health care surrogate who acts in good faith under the statute (KRS 311.635). A financial agent, by contrast, has fiduciary duties and can be held accountable for misusing the power.
Do my old documents still work?
They do not expire, but the law has changed. Kentucky adopted the Uniform Power of Attorney Act in 2018, and powers of attorney signed earlier may not reflect it. We recommend reviewing your documents every few years and after major life changes.
Fees for Powers of Attorney and Living Wills
We price our routine estate planning work as flat-fee packages, so you know the cost up front. Complex situations, such as business succession or tax planning, are quoted individually after we talk. We are happy to walk you through exactly what each package includes before you decide.
- Power of attorney documents: $150 each, plus $250 for the execution.
- Both powers of attorney, if you are not having a will prepared: $250 for both, plus $250 for the execution ($500 total).
- Simple will plus both powers of attorney: $750.
See the full fee comparison for trust-based and spousal packages.
Discount policy. We take 10% off the fee for military, teachers, police, and firefighters, and for clients who make a donation of $250 or more to an animal shelter or equivalent organization. Only one discount applies per engagement; discounts do not stack. Just tell us the reason when you pay. We invoice the full amount, and you pay 90%.
Talk With Us
To get started, complete our secure estate planning intake form, and one of our attorneys will follow up with you. You can also call us at (859) 444-4695 or contact our office. Wolfe & Houlehan PLLC is located at 226 N. Upper St., Lexington, Kentucky 40507.