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Kansas Durable (Financial) Power of Attorney Form

A Kansas durable power of attorney form is a document that transfers financial powers from a person ("principal") to a trusted representative ("agent"). It can go into effect immediately or at a specific event and remains valid if the principal should become disabled.
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Signing Requirements

The power of attorney must be signed, dated, and acknowledged by the principal. If the principal is physically unable to sign it but otherwise competent and conscious, the power of attorney may be signed by an adult designee of the principal in the presence of the principal and a notary public.[1]

Definition of “Durable”

“Durable power of attorney” means a written power of attorney in which the authority of the attorney in fact does not terminate in the event the principal becomes disabled or in the event of later uncertainty as to whether the principal is dead or alive and which complies with subsection (a) of K.S.A. 58-652, and amendments thereto, or is durable under the laws of any of the following places:

(1) The law of the place where executed;

(2) the law of the place of the residence of the principal when executed;  or

(3) the law of a place designated in the written power of attorney if that place has a reasonable relationship to the purpose of the instrument.[2]

Definition of “Power of Attorney”

“Attorney in fact” means an individual, corporation or other legal entity appointed to act as agent of a principal in a written power of attorney.[3]

Statutory Form

There is no statutory form for durable financial use in Kansas.