Kentucky Revised Statutes
Ky. Rev. Stat. § 386.093 (2026)
Repealed, 2018
✓ current as of May 2026
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Catchline at repeal: Effect of disability, incapacity, or death on power of attorney, durable or otherwise. History: Repealed 2018 Ky. Acts ch. 185, sec. 30, effective July 14, 2018. -- Amended 2000 Ky. Acts ch. 27, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 421, sec. 2, effective July 15, 1998. -- Created 1972 Ky. Acts ch. 168, sec. 1.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1989–2022 · leading case: Cruzan Ex Rel. Cruzan v. Dir., Missouri Dep't of Health, 497 U.S. 261 (1990).
Cruzan Ex Rel. Cruzan v. Dir., Missouri Dep't of Health, 497 U.S. 261 (1990). “§ 58-610 (1983); Ky. Rev. Stat. Ann. § 386.093 (Baldwin 1983); La.”
Ping v. Beverly Enter., Inc., 376 S.W.3d 581 (Ky. 2012). “It is further my intention and desire that this document qualify as a DURABLE POWER OF ATTORNEY pursuant to KRS 386.093 and that the power and authority hereby granted by this document shall not be affected by any later disability or incapacity of me as principal.”
Rice v. Floyd, 768 S.W.2d 57 (Ky. 1989). “This interpretation of the impact of KRS 386.093 on the guardianship procedure frustrates the statutory intent, and serves no legitimate purpose.”
Kindred Nursing Centers Ltd. P'ship v. Leffew, 398 S.W.3d 463 (Ky. Ct. App. 2013). “” KRS 386.093(1). Absent this language, the principal cannot be bound by the agent’s actions.”
Extendicare Homes, Inc. v. Whisman, 478 S.W.3d 306 (Ky. 2015). “It is further my intention and desire that this document qualify as a DURABLE POWER OF ATTORNEY pursuant to KRS 386.093 and that the power and authority hereby granted by this document shall not be affected by any later disability or incapacity of me as principal.”
New Meadowview Health & Rehab. Ctr., LLC v. Booker, 550 S.W.3d 56 (Ky. Ct. App. 2018). “In such cases, KRS 386.093(5) provides: If the power of attorney is to become effective upon the disability or incapacity of the principal, the principal may specify the conditions under which the power is to become effective and may designate the person, persons, or institution…”
Preferred Care of Delaware, Inc. v. Crocker, 173 F. Supp. 3d 505 (W.D. Ky. 2016). “The scope of that authority is thus left to the principal to declare, and generally that declaration must be express,” Id.”
Priestley v. Priestley, 949 S.W.2d 594 (Ky. 1997). “Inasmuch as this litigation was commenced after the decedent’s death and after the appointment of a personal representative, we need not decide whether an expectant heir or other interested person may be heard when it appears that an attorney in fact, pursuant to a KRS 386.093…”
Boyd Nursing & Rehab., LLC v. Wells (E.D. Ky. 2022). “See KRS § 386.093 (2000). Thus, whether Leonard lacked actual knowledge of the Power of Attorney’s potential termination such that he could bind Opal (and Opal’s estate) when he signed the Arbitration Agreement does not affect the present analysis.”
Ky. Rev. Stat. § 386.093(1): 2 cases
Kindred Nursing Centers Ltd. P'ship v. Leffew, 398 S.W.3d 463 (Ky. Ct. App. 2013). “” KRS 386.093(1). Absent this language, the principal cannot be bound by the agent’s actions.”
Boyd Nursing & Rehab., LLC v. Wells (E.D. Ky. 2022). “See KRS § 386.093 (2000). Thus, whether Leonard lacked actual knowledge of the Power of Attorney’s potential termination such that he could bind Opal (and Opal’s estate) when he signed the Arbitration Agreement does not affect the present analysis.”
Ky. Rev. Stat. § 386.093(4): 2 cases
Kindred Nursing Centers Ltd. P'ship v. Leffew, 398 S.W.3d 463 (Ky. Ct. App. 2013). “” KRS 386.093(1). Absent this language, the principal cannot be bound by the agent’s actions.”
Boyd Nursing & Rehab., LLC v. Wells (E.D. Ky. 2022). “See KRS § 386.093 (2000). Thus, whether Leonard lacked actual knowledge of the Power of Attorney’s potential termination such that he could bind Opal (and Opal’s estate) when he signed the Arbitration Agreement does not affect the present analysis.”
Ky. Rev. Stat. § 386.093(5): 1 case
New Meadowview Health & Rehab. Ctr., LLC v. Booker, 550 S.W.3d 56 (Ky. Ct. App. 2018). “In such cases, KRS 386.093(5) provides: If the power of attorney is to become effective upon the disability or incapacity of the principal, the principal may specify the conditions under which the power is to become effective and may designate the person, persons, or institution…”
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