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Kansas Real Estate Power of Attorney Form

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Kansas Real Estate Power of Attorney Form is a legal document used by a principal to prove the election and acceptance of an agent. This paperwork will name an agent to handle the responsibility of the management, sale and/or the refinancing of the principal’s real property or a portion thereof. This agent could be a trusted attorney, a real estate entity, real estate agent, or even a trusted individual. Once the document has been completed and properly signed by all respective parties, a notarization will be required for the form to be effective for the agent to use.

Laws§ 58-654

How to Write

1 – Organize The Property Information And Open This Form

You will need the Legal Address and Legal Description of the Property being discussed. In addition, you will also need the Principal and intended Attorney-in-Fact’s basic information as well. Once these items have been obtained, keep them handy, then open the form on this page using one of the buttons on the right.

2 – Fill In The Blank Spaces With The Requested Information

The introduction of this document will contain the language necessary to state the intention of this form’s Effect. You will need to supply the blank spaces in this paragraph with some basic information regarding the Principal and the intended Attorney-in-Fact.

On the first blank space, enter the “Full Name” of the Principal who will grant his or her Authority over the concerned Property. Then, on the second blank space, report the Principal’s Street Address.  The third blank space shall request the name of the City where the Principal’s Address is located. The fourth blank space requires the name of the State where the Principal’s Address is found. Next, following “…hereby appoint,” the Legal Name of the intended Attorney-in-Fact must be recorded. This is on the fifth blank space of this paragraph. The Attorney-in-Fact’s information should continue with this entity’s home Street Address on the sixth blank space. The City where the Attorney-in-Fact lives should be entered on the seventh blank space. The name of the State where the intended Attorney-in-Fact resides should be entered on the last blank space of this introductory paragraph.

3 – The Principal Must Approve Each Power By Initialing It

The first Article shall be composed of a list of the different Powers the Principal may grant the intended Attorney-in-Fact. This area will provide the framework for the instructions the Attorney-in-Fact will receive as well as a description of what he or she may do in the name of the Principal. Only the Principal may approve the items in this list to be delivered to the intended Attorney-in-Fact by initialing all Powers he or she wishes to grant. If there is a description of Power in this area the Principal does not wish delivered to the Attorney-in-Fact, the unwanted Power should not be initialed and should be left blank.

If the Principal intends for the Attorney-in-Fact to have the Authority to Sell Real Estate on behalf of the Principal, then he or she must initial the blank space preceding the paragraph titled “Sale of Real Estate.” Next to this space will be a checkbox the Principal must initial. The paragraph will define what the Attorney-in-Fact may do with Principal approval to the concerned Property but the Property’s Physical Address and Legal Description must be entered onto the first and second blank spaces (respectively). The second paragraph will define how the intended Attorney-in-Fact may Purchase Real Estate on behalf of the Principal. The Principal should initial the “Purchase of Real Estate” paragraph if the Powers defined within it should be granted to the intended Attorney-in-Fact. As further verification of this intent, the checkbox present should also be marked. The Legal Address of this Property should be entered on the blank space following the term “…premises located at” and the Legal Description should be supplied on the blank space following the term “…legal description of.”The Principal may also designate his or her Management Powers over a Real Estate through the paragraph titled “Management of Real Estate.” This delegation will be verified by the Principal’s initials on the first blank space, a mark in the checkbox, the Physical Address of the concerned Property on the first blank space in this description, and the Legal Description on the second blank space in this paragraph.The Principal may designate the Attorney-in-Fact with the Power to Refinance a Property by initialing the blank space preceding the paragraph titled “Refinancing,” then checking the box. This should be followed by the Physical Address of this Property and the Legal Description.

4 – The Term Or Time Period When These Powers Are In Effect Must Be Solidified

The next article requiring definitions will be Article III. Here, the Principal will need to review the possibilities of when the Power afforded to the Attorney-in-Fact will expire or terminate. Notice that Article II mentions that all the Power remains in effect unless the Principal uses Article III to indicate otherwise. Note: Regardless of the Choice made by the Principal here, the Principal will always retain the right to Revoke this document and the Powers afforded to the Attorney-in-Fact immediately by issuing a written Revocation.

If the Principal wishes the Powers, delegated to the Attorney-in-Fact, to expire automatically on a certain Date, then he or she must initial Choice “a” then mark the checkbox. This Choice will require the desired Date of Termination entered upon the blank lines provided.It this is to be a Non-Durable Power of Attorney, the Principal should choose Choice “b” by initialing the blank space provided. This will mean the Powers defined here will be stripped from the intended Attorney-in-Fact upon certain events (the Incapacitation, Disability, Revocation, or Death of the Principal). The Principal may decide that only his or her Death or Revocation should strip the intended Attorney-in-Fact of the Powers delegated through this document. If this is the case, then he or she should initial the blank space in Choice “c.”

5 – The Nature Of This Paperwork Will Revoke All Other Powers Once The Principal Signing Is Complete

Once Article VI is completed it will solidify the Powers to be delivered to the intended Attorney-in-Fact and revoke all other previously issued Authority documents.

To begin the Principal must enter the Date he or she signs this document by entering the Calendar Day on the blank space before the word “day,” the Month after the word “of,” and the two digit year after the “20” in the statement beginning with the words “In Witness…”The Principal must sign then Print his or her Name on the blank lines labeled “Principal’s Signature” and “Print Name” (respectively) on the same date as that reported above. The Attorney-in-Fact must sign his or her Name on the blank line labeled “Agent’s Signature.” The blank space on this line, labeled “Print Name,” will also require the Attorney-in-Fact to Print his or her Name. There should be two Witnesses to provide a Testimony to the Principal Signature’s authenticity. This may be provided in the “Affirmation By Witness 1″ and Affirmation by Witness 2” sections. Only one Witness may fill out one section. Each Witness will need to Print his or her Name on the blank line in their respective sections, then Sign and Print their names. The next page is the “Notary Acknowledgment” page and can only be filled out and stamped by the Notary Public in service of this Principal Signing.In addition to his or her initial Signature, the Attorney-in-Fact must provide written acknowledgment that he or she will accept the Power and Responsibility delivered by the Principal’s Preferences. The Attorney-in-Fact must locate the section labeled “Acceptance by Agent,” then sign and print his or her Name in the space’s labeled “Agent’s Signature” and “Print Name.”


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