Kansas Power of Attorney is the legal authority a principal confers to an agent to make decisions on their behalf.
This delegation of authority requires the person relinquishing the power and two other witnesses to sign to validate the powers given. In addition, people frequently enlist the help of a family member or close friend to act as an agent. In perspective, a Kansas power of attorney form is a legal instrument that empowers someone else to make decisions on behalf of another person.
The principal is the person that relinquishes the power because of their inability to be physically present to make decisions due to health conditions. On the other hand, the agent is the person who assumes the responsibilities and makes decisions on behalf of the principal.
This article will go through nine different forms of Power of Attorney (POA) and the situations in which they might be used. As a result, Kansas citizens must be aware of the numerous standards that must be met for a power of attorney form to be recognized as genuine.
Types of Kansas POA
There are different scenarios in that a principal will need the help of an agent in making decisions on their behalf. This section will examine the situations that will require power of attorney alongside the statutes that govern their application as:
Durable (Statutory) Power of Attorney
This type of power of attorney in Kansas allows the transfer of authority from the principal to the agent even when the person relinquishing their financial and medical affairs is incapacitated. According to Chapter 58, Article 6 of the Powers of Attorney Act guiding this form, a power of attorney is still valid even if the principal is no longer alive. “Durable” here means that even if the principal cannot make the decisions, this situation does not invalidate the active status of the Kansas power of attorney. The document must be signed before a notary public § 58-652(3).
Download: Microsoft Word (.docx)
General (Financial) Power of Attorney
According to Article 6 of the Power and Letters of Attorney, the general power of attorney is a legal document that details how the principal confers the power to make financial decisions to the agent. In this type of Kansas power of attorney, the agent is entirely capable of making any financial decisions based on the principal’s immediate plans. So, whether that is investments, digital assets, and other financial assets, the agent is within their purview to make decisions on behalf of the principal. However, here is a caveat, for the General power of attorney in Kansas, you must choose someone that you trust, like a spouse or close friend, to oversee your financial decisions when you are not around.
The signing requirements according to the (KSA 58-652) is that the principal is supposed to sign the Kansas general power of attorney form in the presence of an appointed secretary of state or a notary public.
Download: Microsoft Word (.docx)
Limited Power of Attorney
The limited power of attorney for Kansas is similar to the first two types treated, but there is undoubtedly a disparity. The Kansas limited power of attorney form is when the principal confers authority to an agent only for a stipulated time. It is also important to note that the principal can also decide what type of powers they will give to the agent, whether financial or medical. Even then, the principal still has the right to limit the powers from being absolute, maybe because of the agent’s expertise in a specific area. For example, a principal can relinquish powers to an agent when making digital asset decisions or investment plans.
The Kansas limited power of attorney follows the same statutes that guide the General power of attorney. Therefore, the signing requirement is also slated for the principal to sign in the presence of a notary public.
Download: Microsoft Word (.docx)
Medical Power of Attorney
This type of power of attorney in Kansas relates to the principal choosing an agent to make any medical decisions for them. The principal will have filled a living will that shows the medical staff specific treatments and procedures for the wellbeing of the principal. Two witnesses close to the principal should sign the Kansas Medical power of attorney. It is important to note that at least one of these witnesses should not be blood-related to the principal. If the witnesses are not present, a notary public will sign the document. The statutory form for this type of power of attorney is the same as the previous one, KSA 58-632.
Download: Microsoft Word (.docx)
Minor (Child) Power of Attorney
There are situations where a parent or both parents will need to leave their child or children behind. Probably for studies in another country, deployment to the military, or a medical condition. As a result of this type of situation or something similar that will warrant the parent to be away from the child, the parent will fill out the Minor power of attorney form. This will ensure that the parent will relinquish powers to a guardian for the child or children’s lives to continue as usual. This guardian will be in charge of all medical, education, and financial decisions on behalf of the children. However, this is only for a year according to § 38-2403(d). A notary public is required to sign the minor power of attorney in Kansas.
Download: Microsoft Word (.docx)
Revocation of Power of Attorney
Before we explain this type, it is necessary to note that the revocation is not a power of attorney. Instead, it is a form used to revoke a particular power of attorney that is in existence. Furthermore, for the revocation of attorney Kansas to be valid, all parties involved in the current power of attorney need to be promptly informed with copies of the revocation of power of attorney form given to each person. The form will not be credible without notifying the agent(s). The document must be signed before a notary public (§ 58-652(3).
Download: Microsoft Word (.docx)
Real Estate Power of Attorney
The Kansas Real Estate power of attorney form is a type of POA in which a principal confers authority to an agent to handle all matters about real estate and properties. The agent could be a real estate agent, attorney, or an individual with real estate knowledge. It does not matter as long as the principal is sure that the agent knows what they are supposed to do. According to Article 6 of the Powers and Letters of Attorney, the parties involved have to sign the document: the principal, agent, and the notary public. For the document to be considered valid, a notary public has to pen their signature. The document must be signed before a notary public (§ 58-652(3).
Download: Microsoft Word (.docx)
Tax Power of Attorney (Form DO-10)
Due to the delicacy of this form of power of attorney in Kansas, the agent must be a financial adviser, tax attorney, or accountant. The document must be filed appropriately by the agent and signed by the respective parties. The Kansas Tax power of attorney or the Form DO-10 is a legal document that shows the principal conferring authority to the agent to handle all things related to tax. So, it means that the agent will represent the principal in the face of the Department of Revenue. It is an obligatory requirement for the principal and the agent to sign this document.
Download: Microsoft Word (.docx)
Vehicle Power of Attorney (Form TR-41)
The Vehicle power of attorney relates to the principal conferring authority to the agent to handle all matters concerning Registration and other affairs with the Division of Motor Vehicles in Kansas. This means that the agent will represent the principal at the DMV and be in charge of any issue that has to do with videos in the principal’s name, according to the records of the Kansas DMV. Only principal’s signature is required in this case.
Download: Microsoft Word (.docx)
Living Will Power of Attorney
The Kansas Living Will power of attorney form is not like the other types of power of attorney that we have treated. Still, this document shows the medical staff the preferences and treatment plans of the principal. The agent will also be present to oversee that the medical staff understands all the treatments and procedures for the principal’s treatment. The living will power of attorney goes hand in hand with the Kansas Medical power of attorney. Hence, the signing requirements involve two witnesses or a notary public. You can check here for the Living Power of Attorney in Kansas statutory form.
Download: Microsoft Word (.docx)
Springing Power of Attorney
The Kansas Springing power of attorney is quite similar to the general power of attorney. However, the Springing power of attorney is a legal document that is only valid until the principal cannot perform the medical and financial obligations they have. Therefore, the Springing power of attorney is conditional and based on when the principal is incapacitated. In the General power of attorney, the document is valid as soon as the designated parties have signed in the notary public’s presence.
Download: Microsoft Word (.docx)
Governing Laws
The Durable power of attorney is under subsection (a) of KSA 58-652. Asides from complying with this stated subsection, the Kansas Durable power of attorney has to comply with the following laws:
- The law of the area that a power of attorney was executed. power of attorney is executed.
- The law of the place was detailed in the Kansas power of attorney form.
According to the KSA 53-501, the principal is designated to sign the power of attorney form. However, in a case where they are not capable of doing so, the principal will select a witness that will sign the document in their presence and a notary public.
Kansas POA Requirements
In Kansas, for your power of attorney to be considered valid and operational, you must fulfill some specific requirements. Although we have glanced at some of them while explaining the power of attorney in Kansas types, it is best to look at the holistic view. Here are the requirements:
- Full name of the principal
- Agent’s complete name, current address, phone number, and any other pertinent information can be utilized to contact them.
- The principal’s powers have been granted to the agent.
- The start and end date of the powers granted to the agent.
- The notary public and principal’s signature
It is imperative that the witnesses who will sign the Kansas POA form must be competent and also should not be related to you by blood. You need to specify that the Kansas power of attorney form is durable if not the document will be considered invalid if you are unavailable due to medical reasons.
Free Forms
It would help if you had an agent you could trust, but more importantly, that person should be at least knowledgeable in the area where you need the Kansas power of attorney form. This will help your agent make the best decisions for you, whether medical, financial, tax-related, or vehicle affairs.
Here are a few free forms for you:
How to Get Power of Attorney in Kansas?
If you are looking for a Kansas power of attorney form, the first thing you need is the principal. This is the person who will transfer their financial and medical duties to the agent and must get the Kansas power of attorney form.
Another important person you need is an agent. This is the person that assumes the power that was relinquished by the principal. You will need an agent who is vast in the area that you need the Kansas power of attorney for. Suppose you are looking for a Tax power of attorney, you should select a tax attorney or an accountant close to you to handle all tax affairs.
However, if the first agent cannot act, the next step is to appoint an agent and two backup agents. You’ll also need the principal’s, witnesses, and notary public’s signatures.
Frequently Asked Questions
No, you cannot. You only need to put some limitations in place and make it clear in whatever type of power of attorney you wish to use. For example, the limited power of attorney has specific powers that the principal can give to the agent. These powers could be based on the agent’s expertise to help make better and more informed decisions on behalf of the principal.
Also, the living will power of attorney also stipulates the specific medical treatment and procedure. However, it would help to clarify these terms to the medical staff and the agent.
This is a medical order that tells the medical staff not to perform cardiopulmonary resuscitation (CPR) when a patient is not breathing, thus allowing natural death. Unless your medical condition is extremely severe, then you do not need a do-not-resuscitate form. However, it is important that you learn more about the stages of your medical condition and look at future plans.
This is quite relative. Depending on your needs, you can have both the living will and the durable power of attorney. Therefore, you must seek counsel to know the best decisions to make. So, your agent should be knowledgeable in the areas you need the Kansas power of attorney for.
