Kansas Advance Directive Form [PDF]

The Kansas Office of the Revisor of Statutes defines an advance directive (also known as advance healthcare directive) as a legal document that allows an individual to specify their preferences for medical care. This document encompasses two main forms—a durable medical power of attorney and a living will.

A durable power of attorney for health care allows a person to designate someone to make medical decisions on their behalf if they cannot do so themselves. On the other hand, a living will serve as a written record of the individual's health care wishes in various medical situations.

This advance directive form ensures that individuals—referred to as donors or declarants—have their health care choices honored, even if they are unable to communicate them directly.

Signing Requirements for Kansas Advance Health Care Directive

A health care advance directive, including a durable power of attorney for health care, as stated in Sections 58-632 and 65-28, 103 of the Kansas Statutes, must meet specific signing requirements to ensure that an individual's wishes are accurately reflected and legally binding.

Kansas Advance Health Care Directive Revocation & Changing

A Kansas advance directive becomes effective when an individual is no longer able to make their own health care decisions due to incapacity. However, an advance directive for health care can also be made effective immediately if the principal decides to do so.

On the other hand, the principal can revoke an advance directive by writing a revocation, destroying the document, making an oral statement, or creating a new directive. According to Section 58-628, a voluntary revocation by a principal does not revoke or terminate the powers of an agent who, without actual knowledge of the revocation, acts in good faith.

Additional Legal Considerations for the Kansas Advance Health Care Directive

According to Section 58-627, if a court appoints a guardian for someone with an advance directive, that guardian can change or revoke an advance directive and make health care decisions on the principal’s behalf.

As stated in Section 58-629(f), the principal’s death does not invalidate the agent’s authority to arrange for organ donation, autopsy, or body disposition. The same section says that individuals who act in good faith according to an advance directive are protected from legal liability, even if the advance directive is later found to be invalid.

Section 58-630 ensures that advance directives are honored in Kansas, regardless of whether they were created in the state or elsewhere, as long as they meet the legal requirements of the principal’s home state or Kansas.

How to Choose a Health Care Agent in Kansas?

To choose a Kansas health care proxy, you should look for someone who is at least 18 years old and who you trust to make medical decisions on your behalf. That person should understand your values and wishes regarding medical care. Section 58-629(d) prohibits certain individuals, like your health care provider, from serving as your agent.

When selecting your agent, ensure they are willing to accept the responsibility and can communicate effectively with your health care team. So, an open and clear discussion about your preferences is essential for making informed decisions.

What Happens if You Don’t Have an Advance Directive in Kansas? 

If you don’t have an advance directive in Kansas, your health care decisions may fall to family members or friends. This can lead to uncertainty and disagreements, as they might not know your preferences for medical treatment.

Without an advance directive, doctors will typically follow standard procedures that may not align with your preferences. In some cases, a court might need to appoint a guardian to make decisions for you, which can be a complicated process.

That’s why an advance directive is an important part of advance care planning, as it clearly outlines your wishes for medical care.