Power of Attorney Revocation
The document has the same requirements as a Power of Attorney. (KRS 382.370)
Document must have the following information:
- Name of person revoking the power of attorney (KRS 382.200)
- Name of person being removed from the power of attorney (KRS 382.200)
- The clerk shall request a return mail address (KRS 382.130)
Document must be:
- Signed by the grantor (KRS 382.370 & 382.130)
- Acknowledged (Notarized) (KRS 382.370 & 382.130)
A preparation statement is not required (AGO-62-1100)
Indexing information: The parties are indexed in the general index to deeds and mortgages and the document filed in deed book. The first party is the person revoking the power of attorney. The second party is the person being removed as the power of attorney.
In order to record a POA Revocation there must be two parties. Refer to KRS 382.370 Basically this statutes says that if a power of attorney is used to convey real estate then the “power of attorney” document must be recorded in the same manner as a conveyance.
It also says the only way to revoke the POA is by a written revocation that is also recorded like a conveyance, or a memo of revocation is made on the margin of the original record. (Most offices do not accept marginal notations.)
Some conclusions can be drawn from this statute.
- The POA has to meet specific recording criteria, such as the fact that there must be two parties for a conveyance there also must be two parties for the POA and for a revocation.
- The statutes do not require a Deed Book and Page number for a revocation.
- The statute does not require that a Power of Attorney must be filed UNLESS real estate is being conveyed and then the POA must be recorded, however if an individual wants to record a POA it should be accepted as long as it meets the recording requirements.
- The statutes do not address recording in the county of residency, however since it does address real estate conveyances an assumption can be made that if a POA is used for a real estate transaction it must be recorded in the county where the real estate is located.
- If real estate was owned in several counties and a power of attorney was signing for the owner, the power of attorney would need to be filed in at least one county. Certified copies could be filed in all other involved counties.
Boyd County Clerk
Boyd County Courthouse
2800 Louisa St.
Catlettsburg, Ky. 41129
Phone: (606) 739-5116
Cedar Knoll Mall
Phone: (606) 929-9595
335 16th Street
Ashland, Ky. 41101
Phone: (606) 325-3547