A Kansas (KS) Medical Power of Attorney is a form that gives an appointed representative (called your “agent”) the right to make health care decisions for you if you become incapacitated.
Laws: MPOAs in Kansas are governed by Kansas Statutes, Chapter 58, Article 6.
In addition to your Medical POA, you can ensure that your wishes are met by creating the following documents as well:
- Living Will: A living will provides instructions for your end-of-life wishes. Your doctors and your health care power of attorney agent must abide by the wishes expressed in your living will.
- KS (Financial) Power of Attorney: A financial power of attorney allows your agent to manage your financial affairs if you are not able to do it yourself.
How to Fill in a Medical Power of Attorney in Kansas
Step 1: Choose an Agent
Who should you choose as an agent?
You can choose any adult individual as your agent. Ideally, you should choose someone familiar with your beliefs and wishes.
Relevant Law: Kansas Statutes §58-653
Who can’t be your agent?
When choosing your agent, you cannot select:
- Your doctor or other health care provider
- Any employee of a health care institution where you receive health care, and
- Any owner, director, or officer of a healthcare institution where you receive healthcare
However, if any of the above persons are related to you by adoption, blood, or marriage, you can name them as your agent.
Relevant law: Kansas Statutes §58-629
Can you have more than one agent?
Yes. Kansas law allows you to name an alternative agent. The person you choose as an alternate must follow the same legal regulations as your initial agent.
Relevant Law: Kansas Statutes §58-653
Step 2: Specify what healthcare decisions your agent can make
Can you limit your agent’s powers?
Yes, you can limit your agent’s powers. Your agent is limited to decisions regarding end-of-life care or your continued medical treatment if you become incapacitated.
You can specifically choose what kinds of decisions you want your agent to decide on by putting them in writing in your Medical Power of Attorney.
Relevant Law: Kansas Statutes §58-629
What is your agent legally unable to do?
Your agent cannot revoke any previous written statement you made regarding your end-of-life wishes.
Relevant Law: Kansas Statutes §58-629
When can your agent start making decisions for you?
Unless you state otherwise in your medical power of attorney document, your agent can start making decisions for you only after your doctor states that you’re incapable of making those decisions yourself.
Relevant Law: Kansas Statutes §58-652
Step 3: Sign the form
Do you need notary or witness signatures?
Yes, to make your Medical POA valid, you must sign it
- in front of a notary public, or
- in front of two witnesses
Does a Medical Power of Attorney need to be notarized in Kansas?
Yes, to make your Medical POA valid, you must sign it
- in front of a notary public, OR
- in front of two witnesses
Relevant Law: Kansas Statutes §58-629
Who can’t be a witness?
- Anyone under the age of 18.
- The agent.
- Anyone related to you by marriage, blood, or adoption.
- Anyone entitled to any part of your estate, whether you die with or without a will.
- Anyone directly responsible for your health care.
Relevant Law: Kansas Statutes §58-629
How long is your Medical Power of Attorney effective in Kansas?
The powers granted to your agent in the Medical Power of Attorney end:
- On a date that you specify in the medical power of attorney document
- When you (the principal) revoke it, either orally or in writing.
- Upon your death
- If the agent you named is not qualified to act for you
- Upon the filing of an annulment or divorce decree (unless stated otherwise in the medical power of attorney document), if your agent was your spouse
- When your agent is no longer able to act on your behalf, usually because of incapacitation, and
- When the agent notifies the principal that he or she resigns from the position
Relevant Law: Kansas Statutes §58-657
How to Revoke a Kansas Medical Power of Attorney
You can revoke your medical power of attorney at any time you wish, either orally or in writing by:
- notifying your doctor or other health care professional that you are revoking your medical power of attorney, or
- creating a new medical power of attorney
You can also specify an end date in your medical power of attorney form.
Relevant Law: Kansas Statutes §58-657