457.090 When power of attorney effective

457.090 When power of attorney effective.

(1) A power of attorney is effective when executed unless the principal provides in the

power of attorney that it becomes effective at a future date or upon the occurrence

of a future event or contingency.

(2) If a power of attorney becomes effective upon the occurrence of a future event or

contingency, the principal, in the power of attorney, may authorize one (1) or more

persons to determine in a writing or other record that the event or contingency has

occurred.

(3) If a power of attorney becomes effective upon the principal's incapacity and the

principal has not authorized a person to determine whether the principal is

incapacitated, or the person authorized is unable or unwilling to make the

determination, the power of attorney becomes effective upon a determination in a

writing or other record by:

(a) A physician, an advanced practice registered nurse, a psychologist licensed or

certified under the provisions of KRS Chapter 319, or a person licensed or

certified as a social worker or an employee of the Cabinet for Health and

Family Services who meets the qualifications of KRS 335.080(1)(a), (b), and

(c) or 335.090(1)(a), (b), and (c), that the principal is incapacitated within the

meaning of KRS 457.020(5)(a); or

(b) An attorney-at-law or a judge that the principal is incapacitated within the

meaning of KRS 457.020(5)(b).

(4) A person authorized by the principal in the power of attorney to determine that the

principal is incapacitated may act as the principal's personal representative pursuant

to the Health Insurance Portability and Accountability Act, Sections 1171 to 1179

of the Social Security Act, 42 U.S.C. sec. 1320d, as amended, and applicable

regulations, to obtain access to the principal's health-care information and

communicate with the principal's health-care provider for the sole purpose of

determining whether the principal is incapacitated, unless the power of attorney

otherwise provides.