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Choose someone to act in financial matters on your behalf by executing a power of attorney (POA). FindLaw’s guided process means you can complete your own POA quickly and easily.

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Do I really need a power of attorney in Kansas?

If you want to choose who will pay your bills when you are unable to care for yourself, then you need a power of attorney. If you do not have a power of attorney, a court likely will become involved and will appoint someone to make decisions for you.

You also can use a power of attorney when you are healthy to let someone else manage any aspects of your financial affairs.

FindLaw provides an easy-to-use service where you can create your own power of attorney quickly and securely.

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Last updated: January 25, 2022

Written by:

Jocelyn Mackie, J.D.

Contributing Author

Reviewed by:

Bridget Molitor, J.D.

Managing Editor

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How it works

The process takes less than an hour, and you can complete it from the comfort of your home

Create an account

Create a secure account which is accessible through an easy dashboard you can access any time

Gather information

Indicate who your agent will be and what authority you want them to have

Complete your document

Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing

Make it legal

Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary

How to get a power of attorney

Understand how a POA works in Kansas

A power of attorney is a legal document that gives one person (the attorney-in-fact or agent) the legal authority to act on behalf of another person (the principal). A principal can create a power of attorney if they are an adult and competent.

In Kansas, there are two main types of powers of attorney: the power of attorney and the durable power of attorney for health care decisions. You can use a power of attorney to give an attorney-in-fact the power to handle your property, finances, and personal affairs. If you want someone to make medical decisions for you, you need to create a durable power of attorney for health care decisions. Many people create these documents at the same time. You can do this today through our estate planning package, listed above.

Decide what powers you want to give

Before you begin making a power of attorney, think about why you want one and what powers you want to give your attorney-in-fact.

In Kansas, you can give your attorney-in-fact broad or limited powers to handle your financial affairs. If you want them to act while you are incapacitated, you should consider giving them broad powers with few limitations. Broad powers give more flexibility to your attorney-in-fact and will allow them to handle unexpected circumstances.

You also can create more than one power of attorney if you want to give one attorney-in-fact limited powers to handle specific matters for you while you are healthy and broad powers to the attorney-in-fact who will act while you are incapacitated.

Choose your attorney-in-fact

Your attorney-in-fact under a power of attorney should be someone you trust to care for your money and property. They also should be smart with money and comfortable dealing with financial professionals, attorneys, and banks.

You can appoint more than one attorney-in-fact, but this usually is not a good idea because it can lead to confusion and arguments between your attorneys-in-fact. However, you should name one or more successor attorneys-in-fact when you want your power of attorney to be effective while you are incapacitated. A successor attorney-in-fact will take over as attorney-in-fact when your first choice is unable to serve.

Find and use a reliable power of attorney form

When choosing a form, make sure it is from a reliable source and complies with Kansas law. We offer easy-to-use Kansas power of attorney forms, and you can select the forms that best fit your needs.

Sign your power of attorney with the correct number of witnesses

After you fill out your form, you need to sign your power of attorney with the correct number of witnesses for it to be legal in Kansas.

You should sign your power of attorney and have it notarized by a notary public. If you are physically unable to sign it, you can direct another adult to sign it in your name. If another adult signs it, you and a notary public must be present when they sign.

Deliver your POA to people who need it

After your power of attorney is completely signed, you should give your power of attorney to your attorney-in-fact.

You can also give it to your bank and other businesses you want your attorney-in-fact to deal with. This can assure them that your attorney-in-fact has your permission to act for you.

You may want to speak with a lawyer if:

You don’t know who to choose as your agent
You want to use a POA for Medicaid planning
You want to discuss which powers you should give your agent
You want legal review of your completed power of attorney

Find a local estate planning lawyer

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Common questions about Kansas power of attorney forms

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What are the types of power of attorney in Kansas?

There are several types of powers of attorney in Kansas. You should know about the following types when creating your power of attorney:

Durable power of attorney

In Kansas, a durable power of attorney does not terminate when the principal becomes incapacitated (or when it is uncertain if the principal is dead or alive). You should have this type of power of attorney if you want someone to make decisions for you when you cannot.

To create a durable power of attorney, you must include one of the following phrases:

This is a durable power of attorney and the authority of my attorney in fact shall not terminate if I become disabled or in the event of later uncertainty as to whether I am dead or alive.
This is a durable power of attorney and the authority of my attorney in fact, when effective, shall not terminate or be void or voidable if I am or become disabled or in the event of later uncertainty as to whether I am dead or alive.

Nondurable power of attorney

If you do not include the above phrases, you will have a nondurable power of attorney. A nondurable power of attorney terminates when you are incapacitated or when it is uncertain if you are dead or alive.

General power of attorney

A general power of attorney is a power of attorney that gives your attorney-in-fact broad powers. You can give your attorney-in-fact the authority to act for you for all lawful purposes. However, there are some powers you cannot give without specifically mentioning them, such as the power to make a trust, and others you can never give, such as the power to make a will.

Limited power of attorney

A limited power of attorney gives your agent limited powers to handle a specific act or limited types of transactions.

Springing power of attorney

A springing power of attorney does not become effective until a future date, event, or condition. If you do not want your power of attorney to be effective immediately, your power of attorney must clearly explain what the specific event, date, or condition is that will make it effective.

Some people want to use a springing power of attorney to keep their attorney-in-fact from having power until they are incapacitated. However, some attorneys caution against this because it can cause delay if it is not clear when you are incapacitated.

Do I need a lawyer for a power of attorney?

Kansas does not require you to use an attorney to make a power of attorney. Whether you should have a lawyer depends on your personal situation and your comfort filling out forms.

If you know who you want as your agent and attorney-in-fact, you can make your own power of attorney using an easy-to-complete power of attorney form like the ones we offer.

If you are worried about how much power to delegate or do not feel comfortable filling out a form, you can hire an attorney licensed in Kansas to review your completed form or to draft a power of attorney for you.

Can you revoke a power of attorney?

If you no longer need your power of attorney, you can revoke it. You can revoke a power of attorney orally, but it is best to revoke it in writing and have the revocation notarized. You should give your revocation to your attorney-in-fact and copies to your banks, financial institutions, and people or businesses that will work with your attorney-in-fact.

How do you get a power of attorney for elderly parents in Kansas?

If your elderly parents are competent, you can use the above steps to help them get a power of attorney. Make sure your parent is the one making decisions and that you are not imposing your wishes on your parent.

Your parents must understand what they are signing. If they do not, their powers of attorney will not be valid. If their competency is questionable, ask a lawyer licensed in Kansas for legal advice. An attorney can help you ask a court to appoint you or another family member to make decisions for your parents.

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