Legal Question in Elder Law in Kentucky

Re: P.O.A. problem with stated person claiming common law in stat that does not

Within your question, it is not clear whether either your or your husband were ever given a power of attorney by your mother. The fact your husband was named "responsible party" can have many connotations. Was your husband designated responsible party when your mother was admitted to the nursing facility? If that was the case, your husband would be responsible for the bills at the nursing facility only.

As you point out, there is no common law status in Kentucky.

In the event no one has been designated as the Power of Attorney, and your mother is not able to take care of her affairs, you as her daughter and perhaps other siblings if you have them, should seek to have your mother declared incompetent by the Probate Court.

I would suggest that you contact an attorney of your choice to procede with competency proceeding.

Once your mother is adjudged as unable to take care of her own affairs, then you and/or your husband can take her of her property.

Now if your husband has a power of attorney, then you may call the local sheriff in order remove your mother's property etc. and take action against her "boy-friend" should you refuse to recognize the power of attorney.