Durable Power of Attorney in Kentucky

Darby L. Smith, Attorney At Law
Address:
6304 Meeting Street, Suite 101
Prospect, KY 40059

Contact:
Phone: 502-416-0466
Fax: 502-681-9740
Email: darby@darbysmithlaw.com


What is a Durable Power of Attorney?

A Durable Power of Attorney (DPOA) is a legal document that allows you to appoint someone you trust—known as your “agent” or “attorney-in-fact”—to manage your financial and legal affairs if you become unable to do so yourself. Unlike a regular power of attorney, a DPOA remains in effect even if you become incapacitated, ensuring that your affairs can be managed without the need for court intervention.

Why You Need a Durable Power of Attorney

A Durable Power of Attorney is an essential part of a comprehensive estate plan. Here’s why it’s important:

  • Continued Management of Your Affairs: If you become incapacitated due to illness or injury, your agent can handle your financial and legal matters, such as paying bills, managing investments, and handling real estate transactions.
  • Avoids Court-Appointed Guardianship: Without a DPOA, a court may need to appoint a guardian or conservator to manage your affairs if you become incapacitated. This process can be time-consuming, expensive, and may not reflect your preferences.
  • Flexibility: A DPOA can be tailored to meet your specific needs, granting your agent broad authority or limiting them to certain tasks.
  • Springing Power of Attorney Option: In Kentucky, you can choose to make your DPOA “springing,” which means it only becomes effective under certain conditions, such as if you are declared incapacitated by a physician. This option allows you to retain control over your affairs until a triggering event occurs.

How I Can Help

As an experienced estate planning attorney, I can help you create a Durable Power of Attorney that meets your needs and provides peace of mind:

  • Personalized Consultation: We’ll start with a consultation to discuss your concerns, the powers you want to grant your agent, and whether a springing DPOA is right for you.
  • Drafting Your Durable Power of Attorney: I’ll draft a comprehensive DPOA that clearly outlines your wishes and complies with Kentucky law, ensuring it’s legally binding and effective.
  • Review and Execution: I’ll guide you through the document review process to ensure everything is accurate and meets your expectations. I’ll also assist with proper signing and witnessing requirements to make sure your DPOA is legally valid.
  • Updates and Revisions: Life circumstances can change, and it’s important to keep your DPOA up to date. I’m here to help you revise your document as needed to reflect your current wishes.

Get Started Today

A Durable Power of Attorney is a critical component of an effective estate plan, providing security and continuity in the management of your affairs. Contact me today to schedule a consultation and learn more about how a DPOA can benefit you and your loved ones.

Contact Darby L. Smith, Attorney At Law
6304 Meeting Street, Suite 101, Prospect, KY 40059
Phone: 502-416-0466 | Fax: 502-681-9740 | Email: darby@darbysmithlaw.com

Your trusted partner in estate planning.