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?


Asked on 2/19/02, 1:43 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

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.

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Answered on 2/20/02, 5:43 pm


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