Kentucky Revised Statutes

Ky. Rev. Stat. § 457.460 (2026)

Effect on existing powers of attorney

✓ current as of May 2026
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Except as otherwise provided in this chapter, on July 15, 2020:

(1) This chapter applies to a power of attorney created before, on, or after July 15, 2020;

(2) This chapter applies to a judicial proceeding concerning a power of attorney commenced on or after July 15, 2020;

(3) This chapter applies to a judicial proceeding concerning a power of attorney commenced before July 15, 2020, unless the court finds that application of a provision of this chapter would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and

(4) An act done before July 15, 2020, is not affected by this chapter. Effective: July 15, 2020 History: Repealed and reenacted 2020 Ky. Acts ch. 41, sec. 65, effective July 15, 2020. -- Created 2018 Ky. Acts ch. 185, sec. 26, effective July 14, 2018. Formerly codified as 457.260

Notes of Decisions
Cited in 5 cases (5 in the last 5 years), 2022–2026 · leading case: Annette Wiley, Individually & as Adm'x & Pers. Rep. of the Est. of Charlotte Blair v. Masonic Homes of Kentucky, Inc. D/B/A Masonic Home of Louisville, 694 S.W.3d 322 (Ky. 2024).
Annette Wiley, Individually & as Adm'x & Pers. Rep. of the Est. of Charlotte Blair v. Masonic Homes of Kentucky, Inc. D/B/A Masonic Home of Louisville, 694 S.W.3d 322 (Ky. 2024). · cites it 16× “060(1) and KRS 457.460. 1. No absolute certainty of retroactivity for KRS 457.”
Rowan (W.D. Ky. 2026). · cites it 4× “050(1) was made retroactive by the 2020 version of KRS 457.460, which is titled “[e]ffect on existing powers of attorney.”
Masonic Homes of Kentucky, Inc. D/B/A Masonic Home of Louisville v. Annette Wiley, Individually & as Adm'x & Pers. Rep. of the Est. of Charlotte Blair (Ky. Ct. App. 2023). · cites it 2× “050 is retroactive, citing KRS 457.460 and KRS 457.060. “The general rule in Kentucky is that the amended version of a statute [is not] applied retroactively to events which occurred prior to the effective date of the amendment unless the amendment expressly provides for…”
Boyd Nursing & Rehab., LLC v. Wells (E.D. Ky. 2022). · cites it 2× “KRS § 457.460(1). And the law prior to the UPOAA’s effective date did not recognize such an exception.”
Lp Radcliff, LLC D/B/A Signature Healthcare of North Hardin Rehab & Wellness Ctr. v. Ernest Simcoe (Ky. Ct. App. 2024). “350 applies to Simcoe’s POA because KRS 457.460(1) (as amended in 2020) provides that KRS -10- Chapter 457 “applies to a power of attorney created before, on, or after July 15, 2020 .”
Ky. Rev. Stat. § 457.460(1): 4 cases
Annette Wiley, Individually & as Adm'x & Pers. Rep. of the Est. of Charlotte Blair v. Masonic Homes of Kentucky, Inc. D/B/A Masonic Home of Louisville, 694 S.W.3d 322 (Ky. 2024). “060(1) and KRS 457.460. 1. No absolute certainty of retroactivity for KRS 457.”
Boyd Nursing & Rehab., LLC v. Wells (E.D. Ky. 2022). “KRS § 457.460(1). And the law prior to the UPOAA’s effective date did not recognize such an exception.”
Lp Radcliff, LLC D/B/A Signature Healthcare of North Hardin Rehab & Wellness Ctr. v. Ernest Simcoe (Ky. Ct. App. 2024). “350 applies to Simcoe’s POA because KRS 457.460(1) (as amended in 2020) provides that KRS -10- Chapter 457 “applies to a power of attorney created before, on, or after July 15, 2020 .”
Rowan (W.D. Ky. 2026). “050(1) was made retroactive by the 2020 version of KRS 457.460, which is titled “[e]ffect on existing powers of attorney.”
Ky. Rev. Stat. § 457.460(4): 2 cases
Annette Wiley, Individually & as Adm'x & Pers. Rep. of the Est. of Charlotte Blair v. Masonic Homes of Kentucky, Inc. D/B/A Masonic Home of Louisville, 694 S.W.3d 322 (Ky. 2024). “060(1) and KRS 457.460. 1. No absolute certainty of retroactivity for KRS 457.”
Rowan (W.D. Ky. 2026). “050(1) was made retroactive by the 2020 version of KRS 457.460, which is titled “[e]ffect on existing powers of attorney.”
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