wills power-of-attorney kentucky
I have Power of Attorney for a single relative - do they need a Last Will and Testament also?
<p>I have a properly notarized Power of Attorney letter for a single relative in Kentucky.</p>
<p>Does that relative also need a Last Will and Testament, or does my PoA cover whatever may need to be done when they eventually pass away?</p>

<p>There are two relevant laws of Kentucky. KRS Chapter 457 is about power of attorney, and KRS <a href="https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48270" rel="nofollow noreferrer">457.100</a> specifies how the POA terminates, in particular (1)(a) says that it terminates when the principal dies (therefore on death of the relative, you have no power).</p>
<p><a href="https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39189" rel="nofollow noreferrer">KRS Chapter 391</a> governs <a href="https://dictionary.law.com/Default.aspx?selected=1016" rel="nofollow noreferrer">intestate</a> succession i.e. what happens if you don't have a will. The disposition of the estate depends on what living relatives there are.</p>
<p>If the person is unmarried, the estate goes to the children or descendants. If there are no children, it goes to the parents; otherwise to siblings.</p>
<p>If there are no living relatives whatsoever, then the estate goes to the state in <a href="https://dictionary.law.com/Default.aspx?selected=655" rel="nofollow noreferrer">escheat</a>.</p>
<p>A will is therefore necessary if the person wants something other than intestate default. Also, inheritance via intestacy is procedurally inconvenient compared to a simple will saying who gets what.</p>

<h2>Death ends a power of attorney</h2>
<p>To be clear, the death of either of you.</p>
<p>In general, so does your relative becoming legally incompetent (e.g. severe illness, dementia, vegetative state etc.) unless it is an <em>enduring</em> power of attorney.</p>
<p>So yes, they need a will.</p>
