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.
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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
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General (Financial) Power of Attorney
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Limited Power of Attorney
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Medical Power of Attorney
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Minor (Child) Power of Attorney
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Revocation of Power of Attorney
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Real Estate Power of Attorney
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Tax Power of Attorney (Form DO-10)
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Vehicle Power of Attorney (Form TR-41)
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Living Will Power of Attorney
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Springing Power of Attorney
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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.
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.
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.
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