Kentucky Revised Statutes, Chapter 384 — Control of Property and Exercise of Rights of Persons in Armed Forces -- Contracts of Infant War Veterans

Title XXXII — Ownership and Conveyance of Property

Includes enactments through the 2026 Regular Session.

The KRS database was last updated on 2026-09-01.

Title XXXII Ownership and Conveyance of Property

Chapter 384 Control of Property and Exercise of Rights of Persons in Armed Forces -- Contracts of Infant War Veterans

384.010 Power of attorney given by member of Armed Forces or person outside United States in war activity, when revoked by death.

No agency created by a power of attorney in writing given by a principal who is at the time of execution, or who, after executing such power of attorney, becomes, either

(a) A member of the armed forces of the United States, or

(b) A person serving as a merchant seaman outside the limits of the United States, or

(c) A person outside said limits by permission, assignment or direction of any department or official of the United States government, in connection with any activity pertaining to or connected with the prosecution of any war in which the United States is then engaged, shall be revoked or terminated by the death of the principal, as to the agent or other person who, without actual knowledge or actual notice of the death of the principal, shall have acted or shall act, in good faith, under or in reliance upon such power of attorney or agency, and any action so taken, unless otherwise invalid or unenforceable, shall be binding on the heirs, devisees, legatees, or personal representatives of the principal.

History: Created 1944 Ky. Acts ch. 100, sec. 1.

384.020 Affidavit by attorney as to absence of notice of death.

An affidavit, executed by the attorney-in-fact or agent, setting forth that he has not or had not, at the time of doing any act pursuant to the power of attorney, received actual knowledge or actual notice of the revocation or termination of the power of attorney, by death or otherwise, or notice of any facts indicating the same, shall, in the absence of fraud, be conclusive proof of the nonrevocation or nontermination of the power at such

time. If the exercise of the power requires execution and delivery of any instrument which is recordable under the laws of this state, such affidavit (when authenticated for record in the manner prescribed by law) shall likewise be recordable.

History: Created 1944 Ky. Acts ch. 100, sec. 2.

384.030 Report of "missing" not notice of death.

No report or listing, either official or otherwise, of "missing" or "missing in action," as such words are used in military parlance, shall constitute or be interpreted as constituting actual knowledge or actual notice of the death of such principal or notice of any facts indicating the same, or shall operate to revoke the agency.

History: Created 1944 Ky. Acts ch. 100, sec. 3.

384.040 Effect of terms of power instrument.

KRS 384.010 to 384.030 shall not be construed so as to alter or affect any provision for revocation or termination contained in such power of attorney.

History: Created 1944 Ky. Acts ch. 100, sec. 4.

384.050 Appointment of conservator for property of member of Armed Forces or Merchant Seaman.

Whenever a person (hereinafter referred to as an absentee) serving in or with the Armed Forces of the United States, or serving as a merchant seaman, has been reported or listed as missing, or missing in action, or interned in a neutral country, or beleaguered, besieged, or captured by an enemy, and such person has an interest in any form of property in this state or is a legal resident of this state and has not provided an adequate power of attorney authorizing another to act in his behalf in regard to such property or interests, the District Court of the county of such absentee's legal domicile or of the county where such property is situated, upon petition alleging the foregoing facts and showing the necessity for providing care of the property of such absentee, made by any person who would have an interest in the property of the absentee were such absentee deceased, or on the court's own motion, after notice to, or on receipt of proper waivers from, the heirs and next of kin of the absentee as provided by law for the administration of an estate, and upon good cause being shown, may, after finding the facts to be as aforesaid, appoint a conservator to take charge of the absentee's estate, under the supervision and subject to the further orders of the court.

Effective: January 2, 1978

History: Amended 1976 (1st Extra Sess.) Ky. Acts ch. 14, sec. 324, effective January 2, 1978. -- Created 1944 Ky. Acts ch. 102, sec. 1.

384.060 Qualifications of conservator -- Bond -- Authority.

The court shall have full discretionary authority to appoint any suitable person as such conservator and may require such conservator to post an adequate surety bond and to make such reports as the court may deem necessary. The conservator shall have the same powers and authority as the guardian of the property of an infant or the guardian or conservator of a mentally disabled person, and shall be considered as an officer or arm of the court.

Effective: July 1, 1982

History: Amended 1982 Ky. Acts ch. 141, sec. 97, effective July 1, 1982. -- Created 1944 Ky. Acts ch. 102, sec. 2. Note: 1980 Ky. Acts ch. 396, sec. 106 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

384.070 Termination of conservatorship.

At any time upon petition signed by the absentee, or on petition of an attorney-in-fact acting under an adequate power of attorney granted by the absentee, the court shall direct the termination of the conservatorship and the transfer of all property held thereunder to the absentee or to the designated attorney-in-fact. Likewise, if at any time subsequent to the appointment of a conservator it shall appear that the absentee has died and an executor or administrator has been appointed for his estate, the court shall direct the termination of the conservatorship and the transfer of all property of the deceased absentee held thereunder to such executor or administrator, or to the person or persons otherwise entitled thereto under existing law.

History: Created 1944 Ky. Acts ch. 102, sec. 3.

384.080 Performance of notarial acts by commissioned officers of armed forces.

(1) In addition to the acknowledgment of instruments and the performance of official acts in respect to instruments in the manner and form and as otherwise authorized by law, instruments may be acknowledged, documents attested, oaths and affirmations administered, depositions and affidavits executed, and other such official acts performed, before or by any commissioned officer in active service of the Armed Forces of the United States for any person who either

(a) Is a member of the Armed Forces of the United States, or

(b) Is serving as a merchant seaman outside the limits of the United States, or

(c) Is outside said limits by permission, assignment or direction of any department or official of the United States government.

(2) Such acknowledgment of instruments, attestation of documents, administration of oaths and affirmations, execution of depositions and affidavits, and performance of other notarial acts, heretofore or hereafter made or taken, are hereby declared legal, valid and binding, and instruments and documents so acknowledged, authenticated, or sworn to shall be admissible in evidence and eligible to record in this state under the same circumstances, and with the same force and effect as if such acknowledgment, attestation, oath, affirmation, deposition, affidavit, or other official act, had been made or taken within this state before or by a duly qualified officer or official and under his appropriate certificate and seal of office as otherwise provided by law.

(3) In the taking of acknowledgments and the performing of other notarial acts requiring certification, a certificate endorsed upon or attached to the instrument or document, which shows the date of the notarial act and which states, in substance, that the person appearing before the officer acknowledges the instrument as his act or made or signed the instrument or document under oath, shall be sufficient for all intents and purposes.

(4) When the official signature of any such commissioned officer appears upon such instrument, document or certificate, it shall be prima facie evidence that the person making such oath or acknowledgment is within the purview of this section.

History: Amended 1962 Ky. Acts ch. 160, sec. 1. -- Created 1944 Ky. Acts ch. 103, sec. 1.

384.090 Enforceability of contracts of infants executed to obtain benefits of federal law providing for the making or guaranty of loans to war veterans.

When the repayment, by the borrower, of money advanced or to be advanced under a contract of loan or credit has, on application of the borrower, been made by or guaranteed in whole or in part by the federal government or any agency thereof, under authority of federal law enacted for the benefit of war veterans, the borrower shall not thereafter be entitled to avoid the contract on the ground that he was an infant when the contract was made, nor shall he or his spouse be entitled, on the ground of infancy, to avoid any mortgage or other instrument of encumbrance executed contemporaneously with such contract for the purpose of securing the same, nor any contractual transaction in connection with such contract of loan or credit pursuant to which the borrower acquired title to or an interest in the property encumbered to secure the loan or credit. For the purpose of any litigation seeking to enforce the contract of loan or credit, or any encumbrance securing the same; for the purpose of any contract or conveyance executed under a settlement or refinancing plan approved by the federal authority by which the original loan or guaranty was made; and for the purpose of making and executing any contract or conveyance necessary to the full realization of the rights, privileges and benefits intended to be conferred by the federal law, pursuant to which the loan or guaranty was made, including contracts necessary for the proper utilization of the property acquired with the proceeds of such contract of loan or credit; the borrower and his spouse shall be deemed to be of full age.

Effective: June 19, 1952

History: Amended 1952 Ky. Acts ch. 35, sec. 1, effective June 19, 1952. -- Created 1945 (1st Extra. Sess.) Ky. Acts ch. 2, sec. 1.