Updated August 08, 2023
A Kansas general power of attorney documents the authority being conferred by a principal to an agent of their choosing. This type of paperwork can deliver widespread general financial decision-making powers to the agent therefore, it is important that each party is crystal clear on the expectations the other will have. This type of delegation is different from a durable power because it can be set to automatically terminate when the principal is incapacitated.
Laws
- Statutes – Article 6 — Powers and Letters of Attorney
- Authority (K.S.A. 58-654) – An agent under a power of attorney may act on behalf of the principal and exercise broad authority as granted by the agreement.
- Signing Requirements (K.S.A. 58-652) – The principal must have their signature acknowledged in the presence of a notary public.
How to Write
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1 – Report The Legal Name Of The Principal Issuing This Document In The Title
The Full Name of the Principal should be presented on the blank line just below the Title (“Kansas General Power of Attorney of”)
2 – The Principal And Agent Should Have Their Information Documented In The First Paragraph
Immediately below the Title will be some required wording. This statement will need to have several pieces of information entered so this paperwork will be applicable to the parties involved. Enter the Full Name of the Principal as well as his or her Residential Address on the first two blank spaces in the first paragraph. The first blank space is reserved for the Name of this individual while the second is reserved for the Residential Address. Record the State where the Principal lives on the third blank space. 
The next party to be reported here will be the Attorney-in-Fact. Oftentimes, known as the Agent. Enter this entity’s Full Name in the empty space after the word designate. Then supply the Residential Address of the Principal Attorney-in-Fact on the blank space just before the label “street address.” This report should be rounded out by entering the State where the Attorney-in-Fact lives in the last empty space of this paragraph.
3 – The Powers Being Delegated By The Principal To The Agent Must Be Defined And Approved
It is imperative to the purpose of this document and for the safety of both Principal and Agent that any Powers the Principal designates to the Agent be reviewed and approved by the Principal in a definitive manner. Section I will deliver a method for this task to be completed.
The Principal should review and initial Statement Number One if he or she wishes to designate the Agent with the Power to Make Payments or Collect Owed Monies on the Principal’s behalf. 
Item Number Two, which will define how the Agent may Acquire/Lease/Sell the Principal’s Personal Property with Principal Authority, should be initialed by the Principal if he or she intends to delegate this Power to the Agent. 
The Agent will be empowered to Acquire/Lease/Sell the Principal’s Real Property once the Principal Initials Paragraph Number Three. 
The Management Powers described in the fourth statement will be delivered to the Agent once the Principal initials it. 
Statement Number Five will define in what manner the Agent may act in the Principal’s Banking Affairs. The Principal Powers defined here will only be delivered to the Agent if the Principal initials this item. 
The Principal may appoint the Agent with Principal Power over his or her Motor Vehicles, once the Principal initials the blank space in Statement Number Six. 
If the Principal wishes to deliver his or her Principal Power in Taxes to the Agent, he or she should initial the space in Statement Number Seven. 
Statement Number Eight shall allow the Principal to grant Principal Authority to the Agent in handling his or her Safe-Deposit Boxes if the Principal initials the appropriate blank space.
The Gift Making Powers described in Paragraph Number Nine will be delegated to the Agent by the Principal once the Principal initials the blank space preceding the Number Nine. 
The Lending and Borrowing abilities and Powers of the Principal will be assigned to the Agent by the Principal, once the Principal initials Statement Number Ten. 
The Agent may enter, continue, dissolve, or assume other actions the Principal may undertake in the Principal’s Name with Contracts and Agreements if the Principal initials the blank space in Paragraph Number Eleven. 
Paragraph Number Twelve should be initialed by the Principal if the Principal wishes the Agent to act with Principal Authority in the Principal’s Health Care Matters. 
The Thirteenth Statement must be initialed by the Principal if he or she wishes to grant the Agent the Representative Power afforded as per the Health Insurance Portability and Accountability Act of 1996 (Pub L. No. 104-191). 
The Agent will be delegated the Power to Hire and Pay For Services on behalf of the Principal if the Principal provides his or her initials on the blank space corresponding to Paragraph Number Fourteen. 
The Attorney-in-Fact will gain the ability to gain Reimbursement for the manner and reason defined in Paragraph Number 15 if the Principal initials the blank line present. 
The Principal may decide to give the Attorney-in-Fact the Power to Sue Third Parties in the Principal’s Name by initialing Paragraph Number Sixteen. 
If any actions or decision-making Powers have been left out, the Principal may still designate them to the Agent through this form. If any such Powers should be granted to the Agent, the Principal may grant them by initialing Item Number Seventeen and defining such Powers on the blank lines provided.
4 – The Term When The Agent May Use Principal Power Should Be Defined
The next task that needs completion will be to Name the exact Time Period the Attorney-in-Fact may wield Principal Authority. This will be accomplished through the Principal’s initials. In order to define the Start Date, one of the next two choices must be initialed by the Principal
If the Principal intends for the Powers in this document to be designated to the Attorney-in-Fact upon his or her Signature, the first choice (“Upon the date of this…”) must be initialed by the Principal.
If the Principal intends the Powers defined here to go in effect on a specific Date, the Principal will need to enter the Start Date using the spaces in the second choice, then initial the blank space provided.
Next, one of the following choices must be initialed by the Principal to indicate when the Powers defined here will terminate. If this form’s Effective Term will terminate on a specific date, it should be entered on the blank spaces (following the word “date”), then initial the first Choice. 
If the Powers in this form remain delegated to the Principal’s Attorney-in-Fact until the Principal issues a written revocation, the Principal will need to initial the second choice. 
If the Principal intends for the Attorney-in-Fact to retain Principal Authority until a Physician diagnoses the Principal as incapacitated, the Principal will need to initial the third choice.
5 – A Few Signature Parties Must Participate In The Paperwork’s Execution
The Principal, Attorney-in-Fact, and a Notary Public will need to gather so this form may be executed with a Notarized Principal Signature. The Attorney-in-Fact will also need to acknowledge and accept the Authority being designated through a Signature.
The Principal should enter the Date he or she is signing this form using the three spaces provided in the “In Witness Whereof…” statement. 
The Principal must, then, provide his or her Signature below the words “Principal’s Signature.” The Printed Name of the Principal must also be presented on the blank line under his or her Signature. 
The next page, “Acceptance of Appointment,” will require the direct attention of the Attorney-in-Fact. This entity will need to print his or her Name on the blank space in the paragraph, provide his or her Signature below the words “Attorney-in-Fact’s Signature, then print his or her Name on the blank line labeled “Attorney-in-Fact’s Printed Name.”
Finally, the Notary Public in attendance will need to fill in the “Acknowledgment of Notary Public” section.
Make copies of the executed documents and provide a copy to your agent and any relevant financial establishments that you would like to know about the POA. Keep the original in a place where your loved ones can access it if needed.