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Kansas Power of Attorney Forms

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A Kansas Power of Attorney supplies a variety of options for a Principal to delegate his or her authority to an Attorney-in-Fact. There are general forms which allow you (the Principal) to approve another person (the Attorney-in-Fact) to manage your financial affairs or there are more specific template forms where you can assign powers for a discreet purpose such as representing your interests in front of the tax authorities or the motor vehicle department. When you anticipate not being available to handle one or more responsibilities you must live up to, assigning a separate entity to act on your behalf can potentially keep business running as usual despite your absence.  However, it is important that you choose a representative who is trustworthy and reliable to represent your interests. All forms should be written in accordance with Chapter 58, Article 6 (Powers and Letters of Attorney).

Types

Durable Power of Attorney – This type appoints a representative to handle your general financial affairs and other matters. It can go in effect at a time of your choosing and it is different from other types of POAs in that it will stay in effect even in the event you become incapable of making your own decisions or are otherwise determined to be incompetent.

General Power of Attorney – This type is similar to the durable POA in that it confers general financial powers on a representative to handle general financial and other matters, however, unlike a durable POA, it becomes void if you have been determined to be incompetent.

Health Care Power of Attorney – This type is used to appoint a representative or agent who will make health care decisions on your behalf when it has been determined that you are unable to make those decisions for yourself.

Limited Power of Attorney – This type is used for certain specific matters or time periods. It is limited by time and circumstance as the principal determines.

Minor Child Power of Attorney – This type is used when parents need to leave their children in the charge of someone else if they anticipate being away for a period of time.

Power of Attorney Revocation – This not a POA, but it is used to revoke a POA that you may have executed in the past.

Real Estate Power of Attorney – To elect an individual to have to decision-making power to close or negotiate a real property transaction.

Tax Power of Attorney – This type is used when you need someone to represent your interests with the tax authorities in Kansas.

Vehicle Power of Attorney (Form TR-41) – This type is used when you need a representative to represent your interests related to your motor vehicle in front of the Kansas Division of Vehicles.

How to Write

1 – Acquire The Correct Form

The image on the right will display a preview of the desired form. Locate the buttons below it, then click on the appropriate file type you wish to utilize. Once the form is open, you may either enter information on it directly or you may print it. It is generally recommended to download a blank copy.

2 – The Language Needed To Designate Authority Will Require Attention

There will be two parties directly involved with this paperwork: the Principal and the Attorney-in-Fact. The Principal is the individual who will appoint an Attorney-in-Fact with the Authority to act in his or her name with Principal Approval of Power. The Principal will need to supply several pieces of information in the first paragraph.

The first two lines will require the Principal’s Legal Name and Complete Address recorded on the blank lines labeled “Your Name” and “Address” (respectively). The two blank lines after the word “…appoint” will also request some input. Here, enter the Legal Name and Address of the Principal Approved Attorney-in-Fact on the blank lines labeled “Name of Person Appointed” and “Address.”

3 – The Principal Appointment Of Authorities And Powers

The Principal will also have another task. He or she will need to review a list of Subjects of Authority. In order to grant the Attorney-in-Fact the Authority to carry out any of the descriptions of Principal Powers, he or she will need to personally initial the blank line preceding that subject’s description. If he or she does not wish to approve a certain Power to the Attorney-in-Fact, the Principal should simply leave that statement unmarked. If the Principal intends to grant approval for the Attorney-in-Fact to use these powers, he or she will only need to initial the last item, designated with the letter “N.”

Locate Subject Letter “A.” The Principal should initial the blank space present if the Attorney-in-Fact must have the Principal’s Power to conduct transactions in and with Real Property in the name of the Principal. If the Principal does initial this item, this form’s Principal Signature must be notarized.               The Item labeled as “B” will define the Attorney-in-Fact’s rights to use Principal Authority to use the Principal’s Tangible Personal Property to conduct transactions. The Principal must initial this item to grant such Authority to the Attorney-in-Fact. Granting this Power to the Attorney-in-Fact will require the Principal Signature to be notarized.

The Principal’s ability to deal with Stock and Bond Transactions will be extended to the Attorney-in-Fact with the Principal’s initials on line Item “C.”If the Attorney-in-Fact should be allowed (through this document) conduct transactions in the Principal’s Commodity and Options, the Subject of Power labeled with the Letter “D” must be initialed by the Principal. The Principal’s Authority when dealing with Banks and Financial Institutions will granted to the Attorney-in-Fact through his or her initialing of Subject Letter “E.”The Operation of the Principal’s businesses will be within the realm of the Attorney-in-Fact’s Principal Powers if the Principal initials Item “F.” Subject Letter “G” will define what types of actions, decisions, and Powers where the Attorney-in-Fact may use Principal Authority. The Principal must initial this letter if he or she wishes to appoint the Attorney-in-Fact with the ability to operate in this subject as the Principal. If the Principal initials Subject “H”, the Attorney-in-Fact will be approved of using Principal Authority in the Principal’s Estates, Trusts, and Beneficiary TransactionsThe Claims and Litigation procedures of the Principal will be within the Attorney-in-Fact’s Principal Powers to affect when the Principal initials Item “I.”The Attorney-in-Fact may handle and control the Personal and Family Maintenance with the same Powers as the Principal, if the Principal initials Subject Letter “J.” Subject Letter “K” gives the Principal a tool to approve of the Principal Attorney-in-Fact’s Power regarding the Principal’s Benefits. For instance, Social Security, Medicare, Medicaid, and Government Programs of the like can be acted by the Attorney-in-Fact, once the Principal initials this subject. Item Letter L shall enable the Attorney-in-Fact to act as the Principal concerning the Principal’s Retirement Plan(s) once it is initialed by the Principal. The Principal’s Tax Matters may be decided and acted upon by the Attorney-in-Fact, if the Principal initials Subject Letter “M.” As mentioned earlier, the Principal may approve all the Powers defined in this list by simply initialing Item Letter “N.” If the Principal does initial Item Letter “N,” this form will need to be notarized when the Principal. signs it. The Principal may wish to specify limitations or extensions of Power that have not been adequately defined for his or her purposes. For example, if the Principal wishes to grant only some Tax Powers to the Attorney-in-Fact, he or she may choose to impose these restrictions, limitations, or instructions using the blank lines after the statement “On the Following Lines…” If there is not enough room, then a document describing Principal Instructions should be attached and cited properly in this section. The next set of Powers defined in this document will be granted by default to the Attorney-in-Fact unless the Principal strikes through the statements with a horizontal line before the act of signing this form.

If the Attorney-in-Fact should not the Authority to appoint or delegate the Powers and Actions he or she may take in the name of the Principal, the Principal should cross out the statement beginning with the words “Authority to Delegate.” If the Attorney-in-Fact should not expect reasonable compensation for the services provided because of this document, the Principal should cross out the item beginning with the words “Right to Compensation.”The last designation of Powers will deal with another party but is optional to the Principal. If the Principal wishes the security of naming additional Agents, they may be named on the lines in the “Successor Agent” section. Each Agent listed here will have the Authority to assume the Principal Powers in this document should the Attorney-in-Fact be unavailable, unable, or stripped of the Authority to use Powers assigned here.

4 – The Principal Signature Approval of Power

The remainder of this form will serve to provide some required information to all parties involved including the Principal. It should be reviewed by the Principal before he or she signs this document.

When it is time for the Principal to sign this form, he or she will need to record the Date of Signature in the “Signed this…” statement. Below this, he or she should then sign his or her Name on the line labeled “Your Signature.” Due to the nature of this document, the Principal signing will need to be Witnessed and Notarized.  In the “Statement of Witness” section, each Witness will need to agree with the statement and provide proof of such agreement by providing his or her Signature and Address in their respective areas. The “Certificate of Acknowledgment of Notary Public” area will supply the Notary Public with an area for the Notarization process. Next, the Attorney-in-Fact will need to Print and Sign his or her Name on the appropriate blank lines in the “Acknowledgment of Agent” section. This will provide proof the Attorney-in-Fact has read, understands, and will accept the Powers defined on this form. The final step of this form will be for the individual who has filled it out. This Preparer must locate the “Preparation of Statement” section, then sign his or her Name in the spaces provided.


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