A Kansas general power of attorney (GPOA) holds significant legal weight, empowering an individual to delegate authority to another person, known as the “agent” or “attorney-in-fact,” to handle various financial and legal matters on their behalf.
This non-durable document becomes ineffective if the principal becomes incapacitated or unable to make decisions. At the same time, a durable power of attorney remains valid in such circumstances, offering ongoing representation for long-term needs.
Laws — Chapter 58 Article 6 (Powers and Letters of Attorney).
Authority (Kan. Stat. § 58-654) – A principal may grant an attorney-in-fact general powers, either for all lawful subjects or for specific express purposes, allowing the attorney-in-fact to act on behalf of the principal in various matters, with few exceptions.
Signing Requirements (Kan. Stat. § 58-652) – A notary public must acknowledge the principal’s signature.
Presumption of Durability (Kan. Stat. § 58-652) – No, a GPOA is not presumed durable in Kansas. It requires explicit language within the document to remain effective if the principal becomes incapacitated.
