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, with additional requirements in KRS 457 (Uniform Power of Attorney Act).

The document requires:
•    Full names of grantor & grantee (KRS 382.135(1)(a) & 382.135(6))
•    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)
•    Signed by the grantor (KRS 382.370 & 382.130)
•    Acknowledged  (Notarized) (KRS 382.370 & 382.130, 457.050)
•    A preparation statement is not required, AGO-62-1100

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 of the POA are to be included.  KRS 457.060(4) states that ‘except as otherwise provided by statute, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.’  The names of the grantor and grantee must be within the body of the document not attached as an exhibit. The term executed means signed.  (Black’s Law Dictionary)

KRS 457.060(3) – “A Power of Attorney executed other than in this state is valid…if the execution complied with (a) the law of the jurisdiction that determines the meaning and effect…pursuant to KRS 457.070; or (b) the requirements for a military power of attorney pursuant to 10 U.S.C.  sec. 1044b, as amended.”

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. 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.

Fee Schedule