Request By:
Hon. Ryan M. Halloran
Assistant General Counsel
Department for Human Resources
Commonwealth of Kentucky
275 East Main Street
Frankfort, Kentucky 40621
Opinion
Opinion By: Steven L. Beshear, Attorney General; John H. Gray, Assistant Attorney General
Thank you for your letter of October 19, 1981 in which you ask for an opinion on whether the "power of attorney" clause in the note and disclosure form CCU-45 (7-80) of the Commonwealth Credit Union is binding on the Department for Human Resources.
It is the opinion of this office that the "power of attorney" clause that you ask about is not binding on the Department for Human Resources. The credit union form containing the "power of attorney" clause sets forth an agreement between the credit union and the borrower and co-maker only. As the Department for Human Resources is not a party to the agreement, the Department is neither bound by the agreement nor the "power of attorney" clause found within the agreement.