The Kansas durable power of attorney (durable POA) is a document one party uses to authorize another party to represent them before governmental, legal, financial, and other institutions and third parties.
The term durable means that the power of attorney will remain valid and effective even if the principal loses capacity. Therefore, the durable power of attorney will be effective until the principal revokes it or passes away.
You can issue a durable power of attorney if you become incapacitated, if you suffer from some kind of disability, like dementia or Alzheimer's disease, or in any other situation when you are unable to represent yourself.
Durable Power of Attorney Laws & Requirements in Kansas
Laws & Requirements
Relevant laws: Chapter 58, Article 6 - Powers and Letters of Attorney
Signing requirements: The principal must sign the Kansas durable power of attorney. If the principal has capacity but is physically unable to sign the document, another person can sign it in the conscious presence of the principal and in front of the notary public. (K.S.A. 58-652(3))
Statutory form: The Kansas Code doesn’t provide the statutory form for a durable power of attorney.
“Durable” as defined by the state law: The Kansas Code, § 58-651(d), provides that "Durable power of attorney" means a written power of attorney in which the authority of the attorney in fact does not terminate in the event the principal becomes disabled.
How to Fill out a Durable Power of Attorney in Kansas
#1. Designate an Agent
Firstly, insert the full name and mailing address of the principal and the agent.
When choosing an agent, you should look for someone who is of legal age and has legal capacity. Secondly, it should be the person you trust, especially if you are authorizing them to make decisions regarding legal, financial, or medical matters.
In this section, you can also name the successor agent. That is the person who will represent you in case the primary agent loses capacity or is otherwise unable to do so.
#2. Grant Authority
Here, you must determine the scope of authority your agent will have when representing you.
In our Kansas durable power of attorney form, there are three ways of determining the scope of authority:
Scope of Authority
General authority. The general authority enables the agent to take any necessary action and represent you before any third party. You can limit the general authority by explicitly naming the activities your agent is not allowed to undertake.
Partial authority. The durable power of attorney form provides a list of most common activities. You can select the activities you want your agent to be able to take by signing your initials in front of the relevant activity from the list.
Special authority. Here, you can define the scope of authority for your agent by describing the activities they can undertake in your own words. This option is the most flexible since you can include activities that are not provided in the durable power of attorney form.
#3. Ensure the Form is Durable
If you want your power of attorney to remain effective even if the principal loses capacity, you need to make it durable.
The power of attorney in Kansas is not durable by default, so you need to use specific language and emphasize that the power of attorney is durable.
#4. Sign the Form
In Kansas, the principal must sign the durable power of attorney. In case they are physically unable to sign the document, another person can provide their signature in their conscious presence and in front of the notary public.
#5. Notarize the Form
The Kansas durable power of attorney must be notarized. By notarizing the document, the notary public will confirm the identity of the principal and the authenticity of the document.
#6. Store Your Durable Power of Attorney Form
After finalizing the Kansas durable power of attorney, you should keep it in your possession and store it in a safe place. You can give one copy to the agent so they can prove their capacity to the third parties they are interacting with on your behalf.
How to Revoke a Durable Power of Attorney in Kansas
The best way to revoke the power of attorney is to issue a revocation letter. This letter should include the full name and mailing address of the agent and the date of issuing the power of attorney.
After finalizing the document, you should give one copy to the agent and to every party the agent is interacting with on your behalf, so the revocation can take effect.