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The Kansas Durable (Financial) Power of Attorney solidifies an arrangement where a person is granted the ability to act on the behalf of another concerning financial elements of their life. These elements could involve the granting party’s real estate interests, personal property, banking, taxes, business endeavors, benefits, etc. What makes this form unique is the fact that it remains functional even past the point of the principal’s mental incapacity, thus making it the ultimate document for planning ahead. To ensure that the POA is operable, the conveyor of authority must provide the instrument with the personal details of their attorney-in-fact, what rights the agent will have access to, and their signature as proposed by local officials.

Laws

Statutes – § 58-650 – § 58-665

Definition (§ 58-651(d)) – “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.

Signing Requirements – Acknowledgment of a Notary Public (§ 58-652(a)(3))