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Kansas Durable (Financial) Power of Attorney Form

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The Durable Power of Attorney in Kansas is a type of general power of attorney that confers legal powers on a trusted representative. It can go in effect at the principal’s behest, but the difference between this type and others is that it will continue to be in effect even in the event that the principal becomes mentally or physically unable to make decisions in their own best interest. It is important that you choose someone you trust to be your representative so that you know that you are in good hands.

LawsChapter 58, Article 6 (Powers and Letters of Attorney)

Health Care Power of Attorney – Provides you with the opportunity to elect a health care representative to make health care judgments on your behalf when you become to sick to do so yourself.

How to Write

1 – Open The Kansas Durable Power Form Then Review Each Item

You may find a copy of the Power of Attorney Form using any of the three buttons on this page below the image. Once available on screen, review each item then fill in the requested information.

2 – Record The Identity Of The Principal Granting Durable Power

The first paragraphs of this document shall make sure to disclose some of its conditions and its compliance with K.S.A. 58-652(2). Here, the individual who is designating another person with his or her Authority in the areas (defined in this document) must have his or her Name and Address ( presented  Building Number, Street Name, Unit Number, City, State, and Zip Code) on the first two blank lines. This individual shall be known as the Principal.

Next, the person who is being granted Durable Power in the Principal’s affairs, or Attorney-in-Fact, must be reported on the third blank space. The final blank space in this document must have the Attorney-in-Fact’s Legal Residential Address entered on it.

3 – The Principal Must Provide Approval For Each Area The Granted Powers Apply

The Attorney-in-Fact will have the Authority to conduct Transactions in the Principal’s Real Property, if the Principal initials the space preceding the letter (A). If the Principal initials Item B, the Attorney-in-Fact will gain his or her approval to cause, terminate, and engage in the Principal’s Tangible Personal Property Transactions.The Attorney-in-Fact may be delegated with the Principal’s Authority in Stock and Bond Transactions when the Principal initials Item Letter C.The Principal shall deliver his or her Authority to the Attorney-in-Fact regarding his or her Commodity and Option Transactions by initialing Item Letter D.Item Letter E shall provide a description of the various Banking and Other Financial Institution Transactions the Attorney-in-Fact may conduct in the Principal’s Name once the Principal initials the blank space presented.If the Principal intends for the Attorney-in-Fact to conduct his or her Business Operating Transactions, then Item Letter F must be initialed (by the Principal).The Principal’s Insurance and Annuity Transactions may be conducted and controlled by the Attorney-in-Fact should the Principal initial Item Letter G.The Principal may empower the Attorney-in-Fact to organize and conduct the Principal’s Estate Trust and Other Beneficiary Transactions (in the Principal’s Name), once he or she initials the Item Letter H.If the Principal wishes the Attorney-in-Fact to engage in his or her Claims and Litigation Matters (using Principal Power), then Item Letter I must be initialed by the Principal.Item Letter J shall describe all the actions the Attorney-in-Fact may take with Principal Power in Maintenance matters of the Principal’s Personal and Family Life. The Principal may designate the Attorney-in-Fact with the ability to act in the defined manner by initialing the blank space provided.Item Letter K will define how the Attorney-in-Fact may act upon the Principal’s Benefits from Social Security, Medicare, Medicaid, or Other Governmental Programs, or Military Service. If the Principal decides the Attorney-in-Fact may wield Principal Authority in these matters, then he or she must initial Item Letter K.   If the Principal wishes to grant the Attorney-in-Fact with the Authority to conduct Retirement Plan Transactions, he or she will need to initial Item Letter L.The Principal will provide the Attorney-in-Fact with approval to act on his or her Tax Matters by initialing Item Letter M.The option to grant the Attorney-in-Fact with the Principal Authority in all matters from Item Letter A to Item Letter M is available to the Principal. If desired, he or she may initial Item Letter N, leaving the other items blank.At times, special circumstances, preferences, or conditions the Principal considers may not be mentioned in this list. If the Principal, in this case, wishes to deliver specific instructions on any Matter or Authority relating to the Attorney-in-Fact, through this document, it may be recorded on the blank lines in the “Special Instructions” section.Now, locate the statement labeled “Authority To Delegate.” If the Principal does not wish the Attorney-in-Fact to delegate his or her Powers in accordance with this defining statement, he or she should cross out this paragraph. If left unmarked, its designations of Powers to the Attorney-in-Fact will be considered applicable to this form.  The next paragraph needing the Principal’s attention is labeled “Right to Compensation.” The Principal may strike out this statement if he or she does not wish the Attorney-in-Fact to seize compensation for services under this Power of Attorney and using Principal Power. If the Principal wishes to delegate this Power to the Attorney-in-Fact, this statement should be left unaltered.

4 – The Principal May Choose A Successor Agent At His Or Her Discretion

The area labeled “Successor Agent,” enables the Principal to Name an individual(s) to automatically become the Principal Attorney-in-Fact if the one named on page one cannot act as such. The Principal may name more than one Successor Agents with the understanding that such a list is in order of succession. To do this provide the Name and Address of each Successor Agent on the blank lines in this area.

5 – The Final Requirements Of This Form Will Require Several Signatures

The area labeled “Choice of Law,” will define how this document will behave. All parties concerned should be familiar with it, as both Principal and Attorney-in-Fact will need to sign this form. The Signature Date should be placed in the spaces provided in the “Signed this…” just above the Signature Area of this form. The Principal should enter this date personally, then Sign his or her Name on the blank space labeled “Your Signature.”The next area, “Statement of Witness,” shall provide a Witness Testimony that two Witnesses may Sign. Each will have a separate set of lines so that his or her Signature, Printed Name, and Address may be presented.

Some Power Documents require a Notarized Principal Signature. This depends on the circumstances. For instance, if either (or both) Item Letter A and/or Item Letter B has been initialed, this document’s Principal Signing must be notarized. The “Certificate of Acknowledgement of Notary Public” shall provide a notarization area for the Notary Public in attendance.The Attorney-in-Fact will need to Print his or her Name then Sign it in the “Acknowledgment of Agent” section. The last section will require the Printed Name and Signature of the Preparer of this document on the blank lines presented.


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