What Is a Kansas Power of Attorney?
A Kansas power of attorney is a legally binding document that enables one individual to make decisions or transactions on another’s behalf. The principal creates this agreement to authorize an agent to handle their affairs. At the time of creation, the principal must be at least 18 years old and of sound mind. It must also be written and signed without undue influence from an outside party.
Use our document builder to make a power of attorney and define the terms for your agent. Our free forms help you create a compliant and enforceable Kansas POA.
Types of Powers of Attorney in Kansas
Different types of powers of attorney help you define the purpose and limitations of your arrangement. A specific form provides more information about the affairs you want your agent to manage. You can also note the durability of your POA to set the period for your agent’s authority.
Durable vs. Non-Durable
Kansas recognizes both durable and non-durable contracts. A durable power of attorney allows the agent to maintain their authority even after the principal’s incapacitation. A non-durable POA ends the agent’s duties when the principal becomes incapacitated.
KS Stat § 58-652 offers guidelines for stating durability within the terms of the document. Kansas requires a POA to include a direct note mentioning whether it’s a durable or non-durable contract. If there is no mention of durability, the Kansas power of attorney is non-durable by default.
Financial
A financial power of attorney allows your agent to handle financial decisions on your behalf. You can use a Kansas financial power of attorney to select which accounts or transactions your agent can control, as listed in KS Stat § 58-654. The most common authorities granted in this type of POA include:
- bank account access
- real estate transactions
- personal property
- investments, stocks, and bonds
Medical
Use a medical power of attorney in Kansas to select your health care agent. This appointed person can manage and authorize medical treatments and make decisions on your behalf. Add a statement noting the POA’s focus on medical decisions, such as the examples provided in KS Stat § 58-529.
In Kansas, this document may be referred to as a power of attorney for health care decisions. You can give your trusted representative any or all of the following medical powers of attorney:
- access to medical records
- authorizing treatment plans
- managing life-sustaining treatments
- hiring health care professionals
A living will can also communicate your health care preferences in the event that you are incapacitated and unlikely to recover. Combining a living will with your medical POA forms an advance directive that dictates your desired end-of-life care.
Durable (Financial)
Grants an agent permission to continue managing a principal's affairs after the principal becomes unable to make decisions.
Signing Requirements: Notary public.
Limited
Allows you to give limited powers to an agent for a specific task, and typically ends when the task has been completed.
Signing Requirements: Notary public.
Non-Durable (General)
Appoints a third party you wish to manage your financial affairs.
Signing Requirements: Notary public.
Springing
It "springs" into effect in a certain situation, and ends at a time you specify.
Signing Requirements: Notary public.
Minor (Child)
Assigns temporary authority to a third party (agent) to take parental responsibility for a child.
Signing Requirements: Notary public.
Vehicle (Form TR-41)
Authorizes a trusted third party to manage your affairs in relation to motor vehicles.
Signing Requirements: Principal only.
Tax (Form DO-10)
Allows an individual to delegate a representative to manage their tax matters with the Kansas Department of Revenue.
Signing Requirements: Taxpayer(s) and representative(s).
Real Estate
Use this to authorize an agent for real estate management, including selling or refinancing.
Signing Requirements: Notary public.
Revocation
Use to terminate a previously granted power of attorney, effectively ending the principal-agent relationship.
Signing Requirements: Two witnesses and/or notary public (recommended).
How to Write a Power of Attorney for Kansas
Writing a power of attorney for Kansas requires you to include the necessary and correct information. Follow state guidelines and use these steps to write an effective POA:
- Name the parties: Write the full legal name and address of the principal and all agents. KS Stat § 58-653 allows you to appoint co-agents and successor agents as desired.
- Give general authority: Select general powers for your agent from the list provided. Depending on the type of POA, these may include access to bank accounts, medical records, personal property, and real estate.
- Note special powers: More sensitive decisions may require you to note special powers in your document. Use this section to add instructions or authority for trusts, beneficiaries, or gifts.
- Add specific instructions: If you have specific instructions or terms for your agent, include them in this section. This may include information about medical preferences, transactions, or the agreement’s durability. The agreement will be non-durable unless you specify otherwise.
- Review and sign: Ensure all the information appears correctly and reflects your preferences. Once you’re satisfied with your document, sign, notarize, and file it as necessary.
Kansas Power of Attorney Legal Requirements & Considerations
Kansas state law includes a few guidelines for creating a valid POA. When making your arrangement, keep the following Kansas power of attorney legal requirements and considerations in mind.
Notarization
A general power of attorney in Kansas requires the document to be notarized. KS Stat § 58-652 notes that notarization makes the principal’s signature assumed genuine. More specific or extensive POAs may have additional requirements under the state guidelines. For example, a medical POA requires two witnesses or a notary public under KS Stat § 58-629.
Filing
KS Stat § 58-65 notes that a power of attorney does not have to be recorded to be valid. However, filing your document may make verifying and enforcing the agent’s abilities easier. Under KS Stat §58-2221, any POA that includes real estate transactions must be filed in the county where the property is located. If you file the original POA, you must file any relevant revocation with the same office.
In addition, financial or medical institutions require a copy of your official document. Providing a copy ensures they can verify the agent’s legal authority and any limitations provided in your POA.
Revocation
Ending a Kansas power of attorney requires you to complete the revocation process. The principal or agent can end the contract at any time. KS Stat § 58-657 and§ 58-659 provide guidelines for revocation through any of the following situations:
- Principal revocation: The principal can write and deliver a revocation notice to the agent. The authority given in the POA terminates when the agent receives this document.
- Principal incapacitation: In a non-durable POA, the arrangement automatically ends at the principal’s incapacitation. Once someone validates the incapacitation and notifies the agent, they can no longer act on the principal’s behalf.
- Agent resignation: If the agent is no longer willing or able to serve, they can provide the principal and involved parties with their resignation. An agent resignation requires a written statement stating their desire to end their duties.
- Divorce or separation: When the principal’s spouse acts as their agent, a divorce or legal separation triggers the automatic revocation of their power of attorney.
