Kentucky Revised Statutes · § 394.720 — Definitions for KRS 394.720 to 394.750

As used in KRS 394.720 to 394.750:

(1) "Electronic" has the same meaning as in KRS 394.700;

(2) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means;

(3) "Electronic signature" means an electronic symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record;

(4) "Information" includes data, text, images, codes, computer programs, software, and databases;

(5) "Nontestamentary estate planning document" means a record relating to estate planning that is readable as text at the time of signing and is not a will or contained in a will. The term:

(a) Includes a record readable as text at the time of signing that creates, exercises, modifies, releases, or revokes:

1. A trust instrument;

2. A trust power that under the terms of the trust requires a signed record;

3. A certification of a trust under KRS 386B.10-120;

4. A power of attorney that is durable under KRS Chapter 457;

5. An agent's certification under KRS 457.430;

6. A power of appointment;

7. An advance directive or medical order for scope of treatment under KRS 311.621 to 311.643;

8. A record directing disposition of an individual's body after death;

9. A nomination of a guardian for the signing individual;

10. A nomination of a guardian for a minor child or disabled adult child;

11. An advance directive for mental health treatment under KRS 202A.420 to 202A.432;

12. A community property survivorship agreement;

13. A disclaimer under KRS 394.035 or KRS 394.610 to 394.670; and

14. Any other record intended to carry out an individual's intent regarding property or health care while incapacitated or on death; and

(b) Does not include a deed of real property or certificate of title for a motor vehicle, watercraft, or aircraft;

(6) "Person" has the same meaning as in KRS 386B.1-010;

(7) "Power of attorney" means a record that grants authority to an agent in place of the principal, even if the term is not used in the record;

(8) "Record" has the same meaning as in KRS 394.700;

(9) "Security procedure" means a procedure to verify that an electronic signature, record, or performance is that of a specific person or to detect a change or error in an electronic record. The term includes a procedure that uses an algorithm, code, identifying word or number, encryption, or callback or other acknowledgment procedure;

(10) "Settlor" has the same meaning as in KRS 386B.1-010;

(11) "Sign" has the same meaning as in KRS 394.700;

(12) "State" has the same meaning as in KRS 386B.1-010;

(13) "Terms of a trust" has the same meaning as in KRS 386B.1-010;

(14) "Trust instrument" has the same meaning as in KRS 386B.1-010; and

(15) "Will" has the same meaning as in KRS 394.010