Free Kansas Power of Attorney Form

Kansas Power of Attorney Form

Do you have a power of attorney prepared? If not, what are the reasons for your decision? Because you’d be wrong to think that it’s an unnecessary step to take.

Wondering why we say this? Well, think back to the time you expected your family to do something your way, what happened? Or, can you entrust your bank account matters to your spouse or would you rather authorize your best friend to transact on your behalf when you lose your ability?

Well, answering these questions let you know how important power of attorney (POA) is, as well as the person you choose to represent you and communicate your wishes when you cannot. You see, a POA is legally binding and whoever you name as your agent, you being the principal has to follow your directives or at least make decisions with your best interests at heart.

Since it's frightening to give someone explicit authority to one person, you get to choose between one or more documents that grant the entrusted individual general or specific powers. So, when getting started, you will fill in the free Kansas power of attorney form then have witnesses sign it, or you have it notarized.

The selected free power of attorney form in Kansas is created according to the statutes, and you don’t have to worry about filling and signing an illegal document.

  • Types of POA

    • Kansas Durable Power of Attorney Laws

  • The state of Kansas recognizes two types of durable powers of attorney (DPOA), one being the POA granting authority over an individual’s financials and the other being the one that handles an individual’s healthcare.

    • The financial DPOA

  • If you wish that your appointed agent collects money or writes checks in your place when you cannot, then you require a durable financial POA.

    • Healthcare DPOA

This durable POA applies when you are incapacitated from a coma or a condition that affects your mental faculties such as Alzheimer’s. The durable POA is created in a such a manner that its execution takes place only after your incapacitation. And the person you appoint in the POA makes the tough calls on your behalf. Since the agent makes medical decisions when you cannot, they are also referred to as the health care agent.

As the agent, you have to follow the principal’s directives and guide the attending physician on the most preferred medical procedure or medical intervention for the incapacitated patient.

  • Powers granted by the DPOA

    • Acting under the directives of the DPOA, a health care agent can give or refuse to give consent, or even withdraw consent to treatment, care, servicing or medical treatment, including diagnosis or the treatment of a mental or a physical condition.

    • The agent is required to facilitate arrangements with a medical facility or a nursing home for the patient.

    • Fire or hire healthcare providers required for the physical, emotional, and the mental wellbeing of the patient

    • The agent can also make requests or even review the patient’s medical records and other healthcare information.

These are provided under Article 6 of Kansas Statutes covering POA. However, the laws also mention that the principal has the authority to limit the extent of the powers the agent gets.

  • DPOA Legal Requirements

    • It should be in writing, and the words used should explicitly confer authority to the agent. It should also mention that the powers granted should only be acted upon after the principal’s incapacity.

    • The DPOA must be dated.

    • It should also come with signatures of at least 2 adults designated as witnesses to the creation of the DPOA. Alternatively, it could be notarized.

    • Also, the design of the DPOA should be consistent with the form provided in Section 58-632 of the statutes.

So, unless there exist specific orders authorizing an early execution date for the DPOA, the agent only acts on the powers when the principal becomes incapacitated.

Under the Kansas laws, a healthcare POA from a different state is valid only complies with the laws of Kansas.

  • Note that agents or attending physicians acting in good faith will not be held liable for their actions.

    • Kansas Limited POA Law

Like the limited POA applicable in other states, the limited POA in the state of Kansas is used when a principal wishes to empower an agent with specific powers. The powers granted are to be acted upon only if the principal is unavailable or when they cannot communicate sound decisions.

  • The powers granted last for as long as the principal allows and they are only withdrawn when the principal sends a written revocation notice to the agent and third parties acting on the authority of the agent.

    • Kansas POA For Bank Account Matters Law

Unless you want your money misused or have to deal with hefty penalties later, you should entrust someone with your bank account matters. The appointed person, your agent only acts when you’re incapacitated or unavailable. And, unless you issue a notice revoking the powers of the agent to the agent and affected third parties, then the agent has full authority over your bank account.

Whether you reside in Wichita, Overland Park, Kansas City, Olathe, Topeka, Lawrence, Shawnee, Manhattan, Lenexa or any other city of Kansas, our free power of attorney forms are available only, and you could get yours now.