What Is a Power of Attorney?
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 financial power of attorney and the durable power of attorney for health care decisions. You can use a financial 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.
What Is a Durable Power of Attorney for Health Care Decisions?
A durable power of attorney for health care decisions (also called a health care power of attorney) allows you to appoint a health care agent to make health care decisions for you when you are incapacitated.
If you want to create a health care power of attorney in Kansas, it must contain one of the following phrases, or similar words:
- This power of attorney for health care decisions shall not be affected by subsequent disability or incapacity of the principal.
- This power of attorney for health care decisions shall become effective upon the disability or incapacity of the principal.
You can create a living will (also called an advance directive) to list specific wishes about withdrawing or withholding life support when you have a terminal condition and are incapacitated. A living will can help take pressure off your health care agent if you have a terminal condition.
How To Get a Kansas Power of Attorney
You can hire an attorney to make a power of attorney for you, or you can create one yourself. If you create your own, you should follow these steps to ensure you have a power of attorney that is valid in Kansas:
1. 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 or health care agent.
In Kansas, you can give your attorney-in-fact broad or limited powers to handle your personal and 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 financial 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.
You should consider giving your health care agent broad enough authority to handle unexpected medical complications. However, if you have personal or religious objections to specific treatments, you can limit your agent's ability to consent to those treatments.
2. Choose your attorney-in-fact and health care agent
Your health care agent should be someone you trust to follow your wishes. You should make sure they know your wishes and are willing to make health care decisions for you before you name them in your health care power of attorney. Your health care agent cannot be any of the following people unless they are related to you:
- A health care provider who is treating you (or their employee)
- An employee, owner, director, or officer of any nursing home or health care facility where you are receiving care
Your attorney-in-fact under a financial 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.
3. 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.
Kansas also offers a form health care power of attorney in its statutes, and hospitals and other health care providers often offer health care power of attorney forms.
4. 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.
Signing a health care power of attorney
You must sign and date your health care power of attorney in the presence of two adult witnesses or a notary public. Your witnesses cannot be:
- Your agent
- Your relative
- Someone who will inherit from you when you die
- Someone who is financially responsible for your health care
Signing a financial power of attorney
You should sign your financial 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.
5. Deliver your power of attorney to people who need it
After your powers of attorney are completely signed, you should give your financial power of attorney to your attorney-in-fact and your health care power of attorney to your health care agent.
Give copies of your health care power of attorney to your primary physician and health care facilities where you receive treatment. You also can give your financial power of attorney 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.
