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Kansas Springing Power of Attorney Form

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Updated May 21, 2024

A Kansas springing power of attorney is a document that legally appoints an individual as an agent who will make important decisions for someone else, known as the principal, if the principal becomes incapacitated. While the principal is able to manage their own affairs, the agent has no authority to make decisions on their behalf.

Permitted in Kansas?

Yes, under Kansas law, a power of attorney may become effective upon a future date, event, or condition.[1]

Signing Requirements

The principal must date and sign a power of attorney before a notary public. If the principal is physically unable to sign, they may designate an individual to sign for them in their presence and in the presence of the notary.[2]

“Incapacity” Definition

Incapacitated person” means an individual who is unable to evaluate information, or who cannot effectively communicate decisions such that they cannot manage their estate or meet essential needs for their own physical health, safety, or welfare.[3]

Sources

  1. § 58-652(3)(e)
  2. § 58-652(3)
  3. § 77-201(31)