Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Power of Attorney in Kansas
Under Kansas law, a power of attorney (POA) lets an individual (the “principal”) appoint a trusted person (the “agent” or “attorney-in-fact”) to handle personal and financial matters. The Kansas Power of Attorney Act (K.S.A. 58-650 et seq.) governs execution, authority, and duties. To create a valid POA, the principal must be mentally competent when signing, and the document must be notarized and witnessed according to statute.
Key steps:
1. Complete a written POA form specifying powers granted (banking, real estate, medical authorization).
2. Sign before a notary public and two adult witnesses.
3. Distribute copies to banks, medical providers, and the agent.
4. Keep the original in a secure location.
Statute reference: K.S.A. 58-650 et seq.
Durable Power of Attorney
A durable POA remains in effect if the principal later loses capacity. To make a POA durable, include language such as “This power of attorney shall not be affected by subsequent disability or incapacity of the principal” in the form. Durable POAs often address ongoing healthcare decisions and long-term care funding.
Statute reference: K.S.A. 58-663
Guardianship and Conservatorship
If no POA exists or the agent cannot serve, concerned parties may petition the court for guardianship (personal care) and/or conservatorship (financial management). Under the Kansas Probate Code (K.S.A. 59-3051 et seq.), the court assesses the proposed ward’s capacity through medical evaluations and hears testimony before appointing a guardian or conservator.
Process overview:
1. File a petition in the county probate court.
2. Provide a physician’s report documenting incapacity.
3. Notify the proposed ward and relatives.
4. Attend a court hearing; the judge decides based on the ward’s best interests.
5. The guardian/conservator submits periodic reports to the court.
Statute reference: K.S.A. 59-3051 et seq.
Choosing the Right Option
• Power of attorney provides a private, flexible solution if the principal remains competent when signing.
• Guardianship offers court-supervised protection when an individual lacks capacity and no POA is in place.
• You may start with a POA and seek guardianship later if capacity declines.
Helpful Hints
- Discuss wishes early: Engage the elderly heir in conversations about their preferences.
- Pick a trustworthy agent: Choose someone who communicates well and acts responsibly.
- Keep records: Document all transactions and decisions for transparency.
- Review periodically: Update POA or guardianship orders as circumstances change.
- Consult professionals: Work with an attorney or elder-care specialist to prepare documents correctly.