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Kansas Power of Attorney Form

Published Dec 07, 2025

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A Kansas Power of Attorney Form is a legal document that authorizes another individual to make decisions on behalf of the principal in Kansas.

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Poa Type

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General Power of Attorney Limited/Special Power of Attorney Durable Power of Attorney Springing Power of Attorney Medical/Healthcare Power of Attorney

Select the type of authority you wish to grant. 'General' grants broad powers; 'Limited/Special' restricts authority to specific acts; 'Durable' remains in effect if the Principal becomes incapacitated; 'Springing' only becomes effective upon a specified event.

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KANSAS POWER OF ATTORNEY FORM

I. APPOINTMENT OF AGENT

This Power of Attorney is made on the , by and between:

The Principal:
Name:
Address:
City: State: Kansas Zip Code:

The Agent:
I, the Principal, hereby appoint the following individual as my Agent (attorney-in-fact):
Name:
Address:
City: State: Zip Code:
Phone:

II. DESIGNATION OF SUCCESSOR AGENT

If my Agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve, I appoint the following person as my Successor Agent:

Name:
Address:
City: State: Zip Code:
Phone:

III. DURABILITY AND EFFECTIVE DATE

Pursuant to the Kansas Uniform Power of Attorney Act (K.S.A. 58-650 et seq.), this Power of Attorney is durable and shall not be affected by my subsequent disability or incapacity.

Effective Date (Select One):

Effective Immediately

Springing

Effective Immediately: This Power of Attorney shall become effective immediately upon the date of my signature below and shall continue in full force and effect notwithstanding my subsequent disability, incapacity, or incompetence.

Springing (Effective upon Incapacity): This Power of Attorney shall become effective only upon my disability, incapacity, or incompetence. My incapacity shall be established by the written statement of my attending physician regarding my mental or physical inability to manage my affairs.

IV. GRANT OF GENERAL AUTHORITY

I grant my Agent and any Successor Agent general authority to act for me with respect to the following subjects as defined in the Kansas Uniform Power of Attorney Act. My Agent is authorized to act on my behalf with the same power and authority I would have if I were present and capable of acting.

My Agent is authorized to act in the following matters (Select All That Apply):

Real Property - Authority to buy, sell, exchange, rent, lease, and manage real estate, including the execution of deeds, mortgages, and other instruments.

Tangible Personal Property - Authority to buy, sell, exchange, and manage personal property (vehicles, furniture, jewelry, etc.).

Stocks and Bonds - Authority to buy, sell, and exchange stocks, bonds, and other securities.

Commodities and Options - Authority to buy, sell, exchange, and manage contracts and options.

Banks and Other Financial Institutions - Authority to open, close, and manage bank accounts; write checks; make deposits and withdrawals; and access safe deposit boxes.

Operation of Entity or Business - Authority to manage, operate, buy, sell, or dissolve any business or commercial entity.

Insurance and Annuities - Authority to procure, maintain, cancel, or claim benefits from insurance policies and annuities.

Estates, Trusts, and Other Beneficial Interests - Authority to act as a beneficiary or participant in any trust, probate estate, or other fund.

Claims and Litigation - Authority to assert, defend, settle, or compromise legal claims and lawsuits.

Personal and Family Maintenance - Authority to provide for the support and standard of living of the Principal and the Principal's family.

Benefits from Governmental Programs - Authority to apply for and receive benefits from Social Security, Medicare, Medicaid, or other government programs.

Retirement Plans - Authority to manage retirement accounts, including IRAs and 401(k)s, and select payment options.

Taxes - Authority to prepare, sign, and file federal, state, and local tax returns and represent the Principal before tax authorities.

V. SPECIAL INSTRUCTIONS AND LIMITATIONS

My Agent shall have the powers set forth above, subject to the following special instructions or limitations:

VI. NOMINATION OF CONSERVATOR OR GUARDIAN

If a court determines that it is necessary to appoint a conservator or guardian of my estate or person, I hereby nominate my Agent named above to serve in that capacity, pursuant to K.S.A. 59-3059. If my Agent is unable or unwilling to serve, I nominate my Successor Agent.

VII. RELIANCE BY THIRD PARTIES

Any third party who receives a copy of this Power of Attorney may rely on it. Revocation of this Power of Attorney is not effective as to a third party until the third party has actual knowledge of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this Power of Attorney.

VIII. AGENT'S DUTIES AND COMPENSATION

1. Fiduciary Duty: My Agent shall act in good faith, in my best interest, and in accordance with my reasonable expectations to the extent actually known by the Agent.
2. Compensation: My Agent is entitled to reasonable compensation for services rendered and reimbursement for reasonable expenses incurred in the performance of duties.
3. Accounting: My Agent shall keep a record of all receipts, disbursements, and transactions made on my behalf.

IX. REVOCATION

I reserve the right to revoke this Power of Attorney at any time by providing written notice to my Agent. This Power of Attorney revokes any and all prior Powers of Attorney executed by me regarding the same subject matter.

X. GOVERNING LAW

This Power of Attorney shall be governed by, construed, and enforced in accordance with the laws of the State of Kansas.

XI. SIGNATURE AND ACKNOWLEDGMENT

Principal's Signature

I, the Principal, sign my name to this Power of Attorney this , and being first duly sworn, do declare to the undersigned authority that I sign and execute this instrument as my Power of Attorney and that I sign it willingly, or willingly direct another to sign for me, that I execute it as my free and voluntary act for the purposes expressed in the Power of Attorney, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.

Signature: _________________________
Date: _______________
Print Name: _______________

Include Witnesses?

Witnesses (Optional but Recommended)

We, the witnesses, sign our names to this instrument, and at least one of us being present at the Principal's signing, and we believe the Principal to be of sound mind and memory.

Witness 1:
Signature: _________________________
Date:
Print Name:
Address:

Witness 2:
Signature: _________________________
Date:
Print Name:
Address:

Include Notary Public Section?

XII. NOTARY ACKNOWLEDGMENT

State of
County of

On this , before me, , a Notary Public in and for said State, personally appeared the above-named individual(s) who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal.

Notary Public Signature: _________________________
Print Name: _______________
My Commission Expires:

(Seal)

XIII. ACCEPTANCE OF APPOINTMENT

I, the undersigned Agent, hereby accept the appointment as Agent for the Principal and agree to act in the Principal's best interest and in accordance with the powers granted in this document.

Signature: _________________________
Date:
Print Name: _______________

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What is a Kansas Power of Attorney Form?

A Kansas Power of Attorney Form is a legal instrument that authorizes an individual, known as the principal, to designate another person, referred to as the agent or attorney-in-fact, to act on their behalf in financial, legal, or medical matters. This document is essential for estate planning and disability preparedness, ensuring that a trusted representative can manage the principal's affairs if they become absent, incapacitated, or otherwise unable to act for themselves. Depending on the specific language used in the document, the authority granted can range from a single specific transaction to broad management powers that endure even if the principal loses mental competency.

Types of Power of Attorney in Kansas

Kansas law recognizes several distinct categories of power of attorney, each serving a unique purpose and governed by specific statutes. The scope of authority is determined by the type of document executed.

General vs. Limited Authority

A General Power of Attorney grants the agent broad powers to handle almost all financial and legal affairs of the principal, such as banking, paying bills, and managing property. Conversely, a Limited (or Special) Power of Attorney restricts the agent's authority to specific tasks or a set period. For example, a principal might use a Kansas Power of Attorney Form to authorize an agent solely to sign closing documents for a real estate transaction while the principal is out of the state.

Durable Power of Attorney

Standard powers of attorney cease to be effective if the principal becomes incapacitated. To prevent this, Kansas statutes allow for a "durable" clause. A Durable Power of Attorney remains valid even if the principal becomes mentally incompetent or disabled. This durability is critical for long-term care planning, as it avoids the need for a court-appointed conservatorship.

Durable Power of Attorney for Health Care

Financial powers do not automatically extend to medical decisions. The Durable Power of Attorney for Health Care Decisions is a separate document governed by K.S.A. 58-625 et seq. It specifically authorizes an agent to make health care decisions, consent to treatment, or refuse life-sustaining procedures when the principal is unable to communicate their wishes.

Kansas Statutory Requirements and Legal Framework

The creation and enforcement of these documents are primarily governed by the Kansas Power of Attorney Act, located in Chapter 58, Article 6 of the Kansas Statutes Annotated (K.S.A. 58-650 through 58-665). Under these statutes, the document must be in writing to be valid. While Kansas law does not strictly require a notary public for the validity of a basic financial power of attorney between the parties, notarization is legally required if the agent needs to record the document, such as for real estate transactions. Furthermore, third parties, such as banks, generally require the document to be notarized to accept it as authentic.

For healthcare directives, the requirements are stricter. According to K.S.A. 58-629, the document must be signed by the principal and either witnessed by two competent adults who are not related to the principal or financially interested in the estate, or acknowledged before a notary public.

Required Elements of a Valid Kansas Power of Attorney Form

To ensure a Kansas Power of Attorney Form is legally binding and acceptable to third parties, it must contain specific elements mandated by state law. Missing any of these components may render the document void or challengeable in court.

Identification of Parties: The full legal names and addresses of both the principal and the designated agent.
Grant of Authority: Clear and specific language detailing what powers are being transferred to the agent (e.g., banking, real estate, tax matters).
Durability Clause: Explicit language stating that the power of attorney shall not be affected by the subsequent disability or incapacity of the principal, if durability is intended.
Signature and Date: The principal must sign and date the document while of sound mind.
Notary Acknowledgement: A notary block where a notary public verifies the identity of the principal and witnesses the signing.

How to Complete a Kansas Power of Attorney Form

Executing this legal document requires adherence to procedural steps to ensure it holds up under legal scrutiny. The following process outlines the standard approach in Kansas.

Step 1: Select a Trusted Agent – The principal must choose a competent adult, often a spouse or close relative, who is willing to act in the principal's best interest under a fiduciary standard.

Step 2: Determine the Scope of Powers – Decide whether the agent should have general authority over all affairs or limited authority for specific assets.

Step 3: Draft the Document – Utilize a compliant Kansas Power of Attorney Form that references the appropriate state statutes (K.S.A. 58-650 et seq.).

Step 4: Execute the Document – The principal must sign the form in the presence of a notary public. If executing a healthcare POA, two qualified witnesses or a notary are required.

Step 5: Distribute Copies – Provide a copy to the agent and relevant institutions, such as banks or medical providers. The original should be kept in a secure location.

Agent Responsibilities and Fiduciary Duties

An agent appointed under a Kansas Power of Attorney Form acts as a fiduciary. This legal relationship imposes a high standard of care. The agent is obligated to act in good faith, strictly in the principal's best interest, and in accordance with the principal's known wishes. Under the Kansas Power of Attorney Act, the agent must keep a complete record of all receipts, disbursements, and significant actions taken on behalf of the principal. They are prohibited from commingling their funds with the principal's funds and must avoid conflicts of interest. Failure to adhere to these duties can result in civil liability and, in cases of exploitation, criminal charges.

Revocation and Termination

A power of attorney is not permanent. It terminates automatically upon the death of the principal. Additionally, a competent principal retains the right to revoke the document at any time. Revocation should be done in writing and delivered to the agent and any third parties holding the original POA. In Kansas, specific laws apply to spouses; if a spouse is named as the agent, the filing of an action for divorce, annulment, or separate maintenance automatically terminates the spouse's authority unless the power of attorney document expressly provides otherwise.

Frequently Asked Questions

In most cases, the document does not need to be filed with a government office to be valid. However, if the agent acts on real estate matters, such as selling a home or managing property deeds, the Kansas Power of Attorney Form must be recorded with the Register of Deeds in the county where the property is located.

Yes, a principal may appoint multiple co-agents. The document should specify whether the co-agents must act jointly (requiring consensus for all decisions) or if they may act severally (independently of one another).

No, a standard financial power of attorney does not grant authority over healthcare decisions. To designate a medical proxy, the principal must execute a specific Durable Power of Attorney for Health Care Decisions.

Creating a power of attorney does not strip the principal of their rights. As long as the principal remains competent, they can continue to make their own decisions and manage their own affairs, even if an agent has also been appointed.

Generally, yes. Kansas law typically recognizes a power of attorney executed in another state if it was validly created under the laws of that state at the time of execution, provided it does not violate Kansas public policy.

It depends on the wording of the document. It can be effective immediately upon signing, or it can be a "springing" power of attorney, which only becomes effective upon the occurrence of a specific event, typically the certification of the principal's incapacity by a physician.

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