Kansas Power of Attorney

Include language substantially similar to: 'This power of attorney shall not be affected by the subsequent disability or incapacity of the principal' (K.S.A. §58-654). Without this language, the POA terminates upon the principal's incapacity — the opposite of most people's intent. Notarization and two witnesses are required under K.S.A. §58-657.

Yes. Kansas's Durable Power of Attorney for Health Care (K.S.A. §58-629 et seq.) is a separate document from a financial POA. It specifically authorizes the agent to make medical decisions when the principal is incapacitated. You may also execute a Kansas Declaration (living will) specifying end-of-life preferences. Keep both documents on file with your doctor.

Yes, but the POA must be recorded with the Register of Deeds in the county where the property is located before the deed is recorded. The POA must expressly authorize real property transactions. Title companies and lenders will require a recorded POA. Without recording, the POA cannot be used to pass clear title to real property.

Execute a written revocation signed before a notary and deliver it to the agent and all third parties who have received the original POA. If the POA was recorded with a county Register of Deeds, record the revocation in the same office. Notify your financial institutions immediately. Destroying copies is insufficient if the agent retains the original.