A Kansas power of attorney revocation form is used to terminate a previously granted power of attorney, effectively ending the principal-agent relationship. It requires written confirmation of the cancellation, including details of the original POA and the signature of the revoking individual and any witnesses or notary public..
To ensure the revocation is recognized, the agent and any third parties acting under the original POA must be notified and given a copy of the revocation document. Without such notice, third parties may not be held accountable for relying on the revoked document.
Legal Considerations
Statute – § 58-652(c)(3) & § 58-652(c)(4)
Signing Requirements – Two witnesses and/or notary public (recommended).
Revocation and Termination
The following steps should be taken to revoke or terminate a power of attorney:
- Provide a written notice of revocation to the agent and any third parties relying on the POA. The notice should clearly state that the power of attorney is being revoked and the effective date of revocation.
- Retrieve all copies of the power of attorney document from the agent and any institutions where it was presented.
- File a written notice of modification or termination of the POA for record in the office of the register of deeds in the county of the principal’s residence or, if the principal is a non-resident of the state, in the county of the residence of the attorney-in-fact last known to the principal, or in the county in which is located any property specifically referred to in the POA.
Fees
- Notary: Notarization is recommended; notary fees in Kansas can range from $5 to $10 per signature.
- Recording: Submit the revocation to the same County Recorder’s Office where the original was filed. Fees vary by county, typically $20-$50.
Resources
- Kansas Bar Association – A voluntary group of lawyers focused on promoting law practice and enhancing justice administration.
- Kansas Legal Services – Non-profit offering free legal info and services to low-income people.