Legal Question in Wills and Trusts in Kentucky
reasonable payment for services of a power of attorney
Can you tell me if, in the state of Kentucky, a person who managed a
person's affairs as a power of attorney is entitled to some compensation
for his services?
The person who appointed him is now deceased. There is nothing in the
power of attorney document that provides for payment to him. I read
somewhere that unless the power of attorney document expressly states
that the attorney in fact may be paid for services rendered, he has no
legal right to payment.
If payment to the person who served as power of attorney is not barred
by law because no provision for payment was included in the power of
attorney document how do I determine what is reasonable compensation for
his services?
Is there something in the Kentucky statutes that speak to the question
of reasonable compensation or is there any thing in law that sets any
limitations (such as maximums) that can be approved for payment?
How detailed would the claim for services submitted by the former power
of attorney have to be? A weekly or monthly accounting with dates and
amount of time spent?
1 Answer from Attorneys
Re: reasonable payment for services of a power of attorney
Unless the document creating the Power of Attorney provides for a fee, there is none. Now that the person has passed away, the power expires and while you may file a claim (within 6 mo of the beginning of estate) you have little chance of success.