Durable Power of Attorney Form | Kansas

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Updated on May 5th, 2023

A Kansas durable power of attorney form is a document that authorizes a third party to act and execute legal documents on behalf of the principal. This type of power of attorney enables the representative to make decisions for the principal in the event of their incapacitation. The individual appointed as attorney-in-fact does not need to be a lawyer, and most individuals choose their spouse or a close relative.

If an individual chooses their spouse as their attorney-in-fact and subsequently divorces, in accordance with Kansas law, the contract automatically ceases. As long as the principal is mentally competent, they can end the agreement at any time by authorizing a revocation form.

Laws

  • “Durable” Definition (§ 58-651)“Durable power of attorney” means a written power of attorney in which the authority of the attorney in fact does not terminate in the event the principal becomes disabled or in the event of later uncertainty as to whether the principal is dead or alive and which complies with subsection (a) of K.S.A. 58-652, and amendments thereto, or is durable under the laws of any of the following places: (1) The law of the place where executed; (2) the law of the place of the residence of the principal when executed; or (3) the law of a place designated in the written power of attorney if that place has a reasonable relationship to the purpose of the instrument.
  • Statute Chapter 58, Article 6 (Powers and Letters of Attorney), § 58-651(c)
  • Signing Requirements (§ 58-652(3)) – Must be notarized.