Kansas Durable Power of Attorney Requirements

(A) the principal`s spouse, personally or through his or her lawyer, has also consented to such a sale; (3) The power of attorney is signed by the client and dated and confirmed in the manner prescribed in K.S.A. 53-501 et seq. and its amendments. If the client is physically unable to sign the power of attorney, but is otherwise competent and aware, the power of attorney may be signed by an adult agent of the principal in the presence of the principal and on the express instruction of the principal, expressed in the presence of a notary. The agent must sign the client`s name in the presence of a notary on the power of attorney, after which the document is accepted in the manner prescribed in K.S.A. 53-501 et seq. and its amendments to the same extent and with the same effect as if they were physically signed by the principal. (9) appoint a tutor or curator for the client; and if this is stated in the power of attorney, the lawyer may effectively appoint the agent as such; The legislator has adopted forms for living wills and continuing powers of attorney. (A) «This is a continuing power of attorney, and my attorney`s power of attorney does not expire if I am disabled or if it is subsequently uncertain whether I am dead or alive»; or (i) it is the policy of that State that an agent who effectively acts in accordance with the provisions of a power of attorney is granted the same general powers granting him or her the same rights and privileges with respect to the personal welfare, property and business interests of the principal, and if the power of attorney lists certain express elements or purposes relating to those matters or purposes; as if the client was personally present and acting or attempting to act; and any legal provision and any waiver, consent or agreement purported otherwise executed or granted by the Customer shall be null and void. (c) (1) It is not necessary for a power of attorney to be registered in order to be enforceable and binding between the contracting authority and its representative or between the contracting authority and third parties. (b) where the authorization establishes that the mandatary is actually granted a general power of attorney and also states, in substance, that it actually authorizes the agent to act in respect of all lawful objects and purposes, or if it confers general powers of attorney for general purposes or does not limit the power, by its wording, the specific purpose(s) specified in the document; In this case, the attorney`s power of attorney who actually acts under the power of attorney extends to each individual act or power of attorney that an adult who is not disabled, through a specially authorized representative on the premises, may perform in respect of all matters, except as provided in paragraphs (f) and (g).

Where a power of attorney does confer general powers on an authorized representative to act with respect to all lawful objects and purposes, the listing of one or more specific elements or purposes does not limit the general power of attorney conferred by that power, unless the power of attorney provides otherwise. An attorney who is effectively vested with a general power of attorney is authorized to sign a power of attorney required by a government agency or other legal entity on behalf of the principal, with that agent effectively designated as the agent actually authorized to enter into a transaction with that body or legal entity. (j) K.S.A. Nothing in ¶58-650 to ¶58-665 and their amendments shall be construed to prevent a person or business entity from specifying in a contract with the client the procedure that must actually be followed by the principal or its agent in order to effectively inform the person or entity of any change or termination of the appointment of counsel by the principal. Such a contractual termination clause is valid and binding on the customer and its assigns as long as it is reasonable. These powers only come into force in the event of the client`s legal incapacity, unless they have expressly come into force earlier. The powers continue to exist even after the client`s death, at least with respect to organ donation, autopsy, burial or cremation of the body. If you have decided to start planning for your disability and end of life, as uncomfortable as that may be, you may want to create a power of attorney for health. You can conceive your own or seek the help of a Kansas estate planning attorney. An experienced lawyer can prepare a power of attorney for you, as well as any other estate planning documents you desire, such as a living will, will or trust. (12) delegate all or part of the powers granted in a power of attorney under paragraph (a) of the S.A.A.