Power of Attorney in Kansas

Under the Kansas power of attorney act, a power of attorney is durable (continues after the principal becomes disabled) only if it is called a durable power of attorney or includes the durability language in the statute, and it is signed, dated and acknowledged before a notary. If the principal cannot physically sign, an adult designee may sign at the principal's direction in front of a notary. Recording is not required unless used for real estate matters; if it is recorded, a revocation must also be recorded.

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.

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).