Legal Question in Wills and Trusts in Kentucky
Power of Attorney
Please tell me how many witness signatures (non-Family members)do you need to validate a power of attorney in KY?
Also, can a lawyer sign as a witness and as notary public. My anunt and uncle and their lawyer were the only ones to sign the POA for my grandparents and then 3 days later they had all my grandparents land deeded over to them. Once again, the only witnesses on the conveyance deeds were my aunt, uncle, and their lawyer. My grandmother was in a nursing home at the time and my grandfather was living at home under full time care, but not by licened medical professionals. My grandmother was put in a nursing home right after she had been released from charter hopital(Mental health care facility) in Louisville because she had been taken away because she was potentially harmful to my grandfather. My aunt and uncle are the ones who put her away in Charter. She was released into a nursing home about three days later. The POA's and the deed conveyances were done whlie they (grandparents)were seperated from each other. Please tell me if it is legal and binding to have no outside witnesses. Thank You --name removed--
2 Answers from Attorneys
Re: Power of Attorney
As Mr. Owens noted, the attorney can notarize the POA. The real question, however, relate to the ability of your grandparents to understand what they were doing - especially in light of the very recent mental health treatment of your mother. I suggest you contact the KY Adult Protective Services office in Louisville (I assume that is where they reside) at 502-595-4803 and request an APS investigation to determine whether there may have been financial exploitation as defined under KY law.
Re: Power of Attorney
The only thing required in Kentucky is that the signature on the power of attorney be notarized. If the power of attorney is legal in the state where it is executed, then it is legal in Kentucky. Whatever is legal in South Carolina would be legal in Kentucky. In Kentucky, the person to whom the power is granted cannot notarize the document and you cannot notarize your own signature. I am assuming that the power of attorney was executed in South Carolina. If that is so, then you most probably need to consult local counsel. I also do not understand the phrase "My anunt and uncle and their lawyer were the only ones to sign the POA for my grandparents...". Only your grandparents could sign the power of attorney. There should have been a notary and certainly if the attorney was a notary, he could act in that capacity in Kentucky.
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