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Current as of January 01, 2024 | Updated by FindLaw Staff
(1) For purposes of this section and KRS 457.200, “acknowledged” means purportedly verified before a notary public or other individual authorized to take acknowledgements.
(2) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under KRS 457.050 that the signature is genuine.
(3) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid, and still in effect, the agent's authority were genuine, valid, and still in effect, and the agent had not exceeded and had properly exercised the authority.
(4) A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation:
(a) An agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney;
(b) An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and
(c) An opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.
(5) An English translation or an opinion of counsel requested under this section must be provided at the principal's expense unless the request is made more than seven (7) business days after the power of attorney is presented for acceptance.
(6) For purposes of this section and KRS 457.200, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.
Cite this article: FindLaw.com - Kentucky Revised Statutes Title XLII. Miscellaneous Practice Provisions § 457.190.Acceptance of and reliance upon acknowledged power of attorney - last updated January 01, 2024 | https://codes.findlaw.com/ky/title-xlii-miscellaneous-practice-provisions/ky-rev-st-sect-457-190/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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