Medical Power of Attorney in Kansas

Kansas uses a "durable power of attorney for health care decisions." It must be in writing, dated and signed, and either signed before two adult witnesses (who cannot be the agent, a relative, an heir or beneficiary, or someone financially responsible for the principal's care) or acknowledged before a notary. The principal's treating health care provider and its employees generally cannot be the agent unless related. The statute provides a form.

Durable power of attorney for health care decisions: must be dated and signed before two adult witnesses (who cannot be the agent, a relative, an heir or beneficiary, or someone financially responsible for the principal's care) or acknowledged before a notary. The treating provider and its employees generally cannot be the agent unless related. The statute provides a form. Living will (declaration under the natural death act): any adult may sign one, in writing and dated, before two qualified adult witnesses or a notary; it has no effect during a diagnosed pregnancy.

Under the Kansas Natural Death Act, any adult may sign a declaration (living will) directing that life-sustaining procedures be withheld or withdrawn in a terminal condition. It must be in writing, signed by the person (or by another in their presence at their direction), dated, and either signed in front of two witnesses age 18 or older or acknowledged before a notary. A witness cannot be the person who signed for the declarant, a relative by blood or marriage, an heir or will beneficiary, or someone directly financially responsible for the declarant's medical care. It has no effect during a diagnosed pregnancy. The declarant must notify the attending physician. The statute provides the form wording.

Kansas law sets out a statutory form titled "Durable Power of Attorney for Health Care Decisions" (K.S.A. 58-632); it is signed and dated by the principal and either witnessed by two adults or acknowledged before a notary public. Witnesses cannot be the agent, a relative of the principal by blood, marriage or adoption, someone entitled to part of the principal's estate, or someone financially responsible for the principal's health care. A financial power of attorney under the Kansas power of attorney act must be signed by the principal and dated and acknowledged under the Revised Uniform Law on Notarial Acts (a physically unable but competent principal may have an adult designee sign in the principal's presence before a notary); powers of attorney executed on or after July 1, 2021 are sufficient if they substantially comply with the form set out by the Kansas Judicial Council (K.S.A. 58-652).