House Bill 11; Uniform Power of Attorney Act (2006)

On April 25, 2018, Governor Bevin signed House Bill 11 into law. House Bill 11 establishes Chapter 457 of the Kentucky Revised Statutes adopting portions of the Uniform Power of Attorney Act (2006). Effective July 14, 2018, these new statutory guidelines will replace the previous common law guidelines. The execution of a Power of Attorney will now require that it be signed in the presence of two (2) disinterested witnesses by the principal or in the principal’s conscious presence. Such signature of the principal should also be acknowledged by a notary public to be presumed genuine.

The Act provides a new landscape for Powers of Attorney in Kentucky. For instance, it provides for the specific circumstances in which a Power of Attorney would terminate, such as when: the principal dies; the principal become incapacitated (if not durable); a court appoints a fiduciary charged with the management of the principals property; the power of attorney is revoked; the terms of the power of attorney indicate termination; and when the purpose of the power of attorney is accomplished. The Act further excludes certain Power of Attorney documents from the purview of its statutes. One such exception is for medical decisions outlined in accordance with the Kentucky Living Will Directive Act. These documents shall be drafted in accordance with all previously established Kentucky Law.

This new Act will not affect existing Power of Attorneys that were properly executed prior to the effective date of the Act. However, as of July 14, 2018, changes will need to be made to new Powers of Attorney to ensure compliance with the Act. For questions concerning how the Act will impact your estate planning documents or for assistance executing updated estate planning documents, please contact our office.

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Kentucky Driver’s Licenses are not Homeland Security Compliant

In December of 2016, the Transportation Security Administration (TSA) announced that, beginning January 2018, it will begin its REAL ID program in airports throughout the country. This program will prevent travelers from using non-compliant state-issued identification cards and driver’s licenses as means of identification to proceed through security check points. The REAL ID act was passed by Congress in 2005 to establish minimum security standards for state-issued identification cards and driver’s licenses.

The REAL ID’s must include the following information, along with specific security features that are intended to prevent fraud, counterfeiting, and tampering.

• Full legal name
• Signature
• Date of birth
• Gender
• Unique identifying number
• Principal residence address
• Front-facing photograph of the applicant

Such requirements are a significant upgrade from previous federal standards for identification documents. These specific security measures are to be designed to present machine-readable data from multiple sources on the ID to ensure maximum security.

The implementation program by the TSA has taken place in four (4) phases, beginning with prohibiting use of such IDs in restricted areas and ending with prohibiting all non-compliant IDs from boarding federally regulated aircrafts. With the last three (3) phases occurring over the previous 3-4 years, 2018 has been designated to begin the air travel phase of the program. This phased roll-out of the program was intended to encourage states to upgrade their licenses security measures to become compliant with the federal standards. However, with some states resisting a full ID makeover, the TSA has given travelers a list of alternative compliant forms of identification as seen below.

• U.S. passport
• U.S. passport card
• DHS trusted traveler cards (Global Entry, NEXUS, SENTRI, FAST)
• U.S. Department of Defense ID, including IDs issued to dependents
• Permanent resident card
• Border crossing card
• DHS-designated enhanced driver’s license
• Federally recognized, tribal-issued photo ID
• HSPD-12 PIV card
• Foreign government-issued passport
• Canadian provincial driver’s license or Indian and Northern Affairs              Canada card
• Transportation worker identification credential
• U.S. Citizenship and Immigration Services Employment Authorization        Card (I-766)
• U.S. Merchant Mariner Credential

Kentucky driver’s licenses are currently non-compliant with the REAL ID security specifications. Kentucky was granted an extension for REAL ID enforcement until October 10, 2018, allowing federal agencies to accept Kentucky driver’s licenses until that time. However, given this major change in the identification security protocols, Kentucky travelers may want to get their passports updated before heading into the new year.

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