Signing Requirements
A notary public must acknowledge the signature of a principal in a power of attorney.
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]
Powers Granted
Except for the items listed below, a principal may grant an agent the power to make decisions about anything that the principal is able to make decisions about.[2]
A power of attorney may not grant an agent the power to:[3]
- Make, publish, declare, amend or revoke a will for the principal;
- Make, execute, modify or revoke a do not resuscitate directive for the principal;
- Make, execute, modify or revoke a durable power of attorney for health care decisions for the principal;
- Require the principal, against the principal’s will, to take any action or to refrain from taking any action; or
- Carry out any actions specifically forbidden by the principal while not under any disability or incapacity.
“Durable” Definition
“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.[4]
“Power of Attorney” Definition
“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.[5]
Revocation
The principal may revoke the power of attorney at any time by notifying the agent either orally or in writing.[6]
The authority granted by a durable power of attorney is frequently terminated in one of the following ways:
- The power of attorney specifies a date for termination;
- The agent or principal dies;
- The agent resigns;
- The agent and principal are divorced; or
- When the agent is unqualified to act on behalf of the principal.