KRS § 457.140 — KY Code / Title XLII / Chapter 457 / Section 457.140
457.140 Agent's duties
Status: in_force

457.140 Agent's duties.

(1) Notwithstanding provisions in the power of attorney, an agent that has accepted

appointment shall:

(a) Act in accordance with the principal's reasonable expectations to the extent

actually known by the agent and, otherwise, in the principal's best interest;

(b) Act in good faith; and

(c) Act only within the scope of authority granted in the power of attorney.

(2) Except as otherwise provided in the power of attorney, an agent that has accepted

appointment shall:

(a) Act loyally for the principal's benefit;

(b) Act so as not to create a conflict of interest that impairs the agent's ability to

act impartially in the principal's best interest;

(c) Act with the care, competence, and diligence ordinarily exercised by agents in

similar circumstances;

(d) Keep a record of all receipts, disbursements, and transactions made on behalf

of the principal;

(e) Cooperate with a person that has authority to make health-care decisions for

the principal to carry out the principal's reasonable expectations to the extent

actually known by the agent and, otherwise, act in the principal's best interest;

and

(f) Attempt to preserve the principal's estate plan, to the extent actually known by

the agent, if preserving the plan is consistent with the principal's best interest

based on all relevant factors, including:

1. The value and nature of the principal's property;

2. The principal's foreseeable obligations and need for maintenance;

3. Minimization of taxes, including income, estate, inheritance, generation-

skipping transfer, and gift taxes; and

4. Eligibility for a benefit, a program, or assistance under a statute or

regulation.

(3) An agent that acts in good faith is not liable to any beneficiary of the principal's

estate plan for failure to preserve the plan.

(4) An agent that acts with care, competence, and diligence for the best interest of the

principal is not liable solely because the agent also benefits from the act or has an

individual or conflicting interest in relation to the property or affairs of the

principal.

(5) If an agent is selected by the principal because of special skills or expertise

possessed by the agent or in reliance on the agent's representation that the agent has

special skills or expertise, the special skills or expertise must be considered in

determining whether the agent has acted with care, competence, and diligence under

the circumstances.

(6) Absent a breach of duty to the principal, an agent is not liable if the value of the

principal's property declines.

(7) An agent that exercises authority to delegate to another person the authority granted

by the principal or that engages another person on behalf of the principal is not

liable for an act, error of judgment, or default of that person if the agent exercises

care, competence, and diligence in selecting and monitoring the person.

(8) Except as otherwise provided in the power of attorney, an agent is not required to

disclose receipts, disbursements, or transactions conducted on behalf of the

principal unless ordered by a court or requested by the principal, a guardian, a

conservator, another fiduciary acting for the principal, a governmental agency

having authority to protect the welfare of the principal, or, upon the death of the

principal, by the personal representative or successor in interest of the principal's

estate. If so requested, within thirty (30) days the agent shall comply with the

request or provide a writing or other record substantiating why additional time is

needed and shall comply with the request within an additional thirty (30) days.