Power of Attorney
Filing requirements for a power of attorney to convey or release property are the same as required for recording a deed KRS 382.370.
Document must have the following information:
- Full names of grantor & grantee (KRS 382.135 (1)(a)) Effective 7-15-2016
- Name of the person granting the power of attorney (grantor) (KRS 382.200)
- Name of the receiving the power of attorney (grantee) (KRS 382.200)
- The clerk shall request a return mail address (KRS 382.240)
Document must be:
- Signed by the grantor (KRS 382.370 & 382.130)
- Acknowledged (Notarized) (KRS 382.370 & 382.130)
- A preparation statement is not required, AGO-62-1100
There are two types: general, which grants full power, and specific, that allows only a specific act or acts.
This document must be filed at the same time as recording a deed or mortgage signed by the power of attorney or the document must be on file in the county which the land record is being recorded. The deed book and page number are to be included in the document being filed.
The statutes are clear that relating to real estate documents a Power of Attorney must be recorded in the manner prescribed for recording a conveyance. The signature must be an original. The names of the grantor and grantee must be within the body of the document not attached as an exhibit. No copies are accepted (unless the POA is a certified copy from another filing officer). The term executed means signed. (Black's Law Dictionary)
Conversation with the Attorney General's office: (July 24, 2001)
KRS 382.370 states that a POA to convey real estate must be recorded in order to convey real estate. It follows, as a matter of sound practice there should be some showing that a POA is authorized for real estate conveyance. Absent that proof we would be accepting a deed that may not be eligible for recording. (Conversation with Gerard Gerhard (Attorney General's office)
The clerk's office is acting within appropriate discretion as it relates to conveyance of real estate. Unless the POA is recorded it is not effective. The clerk is within bounds and would perhaps be remiss if they did not request proof of recordation. Absent that information we cannot know if the deed is recordable. (Conversation with Gerard Gerhard (Attorney General's office)