Why Everyone Over 18 Needs a Power of Attorney in Kentucky
A power of attorney is one of the most important legal documents you can have — and one of the most overlooked. If you’re over 18 and don’t have one, you’re leaving yourself and your family vulnerable to a situation that’s far more common than most people think: the inability to manage your own affairs due to illness, injury, or incapacity.
What Is a Power of Attorney?
A power of attorney (POA) is a legal document that authorizes another person — your “agent” or “attorney-in-fact” — to act on your behalf in financial, legal, or healthcare matters. The scope of authority can be broad or narrow, and you retain full control as long as you have capacity. The POA only becomes critical when you can’t act for yourself.
Why Everyone Over 18 Needs One
Most people associate powers of attorney with elderly parents. But incapacity can happen to anyone at any age — a car accident, a stroke, a serious illness, or a surgical complication can leave you unable to manage your finances or make healthcare decisions. Without a POA, your family may need to petition the court for a guardianship or conservatorship — a costly, time-consuming, and public process that could have been avoided entirely.
This is particularly important for parents of young adults. When your child turns 18, you no longer have legal authority to access their medical records, talk to their doctors, or manage their finances — even if they’re still on your insurance and living under your roof. A durable power of attorney solves this.
Types of Power of Attorney in Kentucky
Durable financial power of attorney. This authorizes your agent to handle financial matters — banking, bill payments, real estate transactions, tax filings, and similar tasks. “Durable” means it remains effective even if you become incapacitated. Without the durability provision, the POA would terminate at the exact moment you need it most.
Healthcare power of attorney. Also called a healthcare surrogate designation, this authorizes your agent to make medical decisions on your behalf if you’re unable to communicate your own wishes. This is separate from a living will (which addresses end-of-life treatment preferences) and ideally you should have both.
Choosing Your Agent
Your agent should be someone you trust completely — they’ll have significant authority over your finances or health decisions. It should also be someone who is responsible, organized, and willing to serve. You can name the same person for both financial and healthcare powers, or name different people for each role. You should also name at least one backup agent in case your first choice is unable or unwilling to serve.
If you don’t have a power of attorney — or if yours is outdated — call me at (859) 225-9540 or use the contact form.
Joseph D. Buckles is an attorney at Buckles Law Office, PLLC in Lexington, Kentucky.
