Kansas
Kansas Power of Attorney Laws: Durable, Medical, and Financial POA (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 15 primary sources cited on this page. How we verify our legal content
A power of attorney (POA) is one of the most important legal documents a Kansas resident can sign. It authorizes another person to act on your behalf for financial, property, or health care matters. Kansas has its own dedicated statute, the Kansas Power of Attorney Act (K.S.A. 58-650 through 58-665), rather than the Uniform Power of Attorney Act adopted by most states. For health care decisions, a separate law applies: the Durable Power of Attorney for Health Care Decisions Act (K.S.A. 58-625 through 58-632). Understanding the differences between these two frameworks protects both principals and their chosen agents.
What a Power of Attorney Does in Kansas
A power of attorney is a written authorization through which a principal grants an attorney in fact (also called an agent) the legal authority to act on the principal's behalf. Kansas law defines a power of attorney broadly as any written instrument, whether durable or nondurable, that grants this kind of authority (K.S.A. 58-651(i)).
The principal is the person granting authority. The attorney in fact is the individual, corporation, or other legal entity appointed to act. Kansas allows the appointment of more than one attorney in fact; if the document does not specify how multiple agents must act, they are required to act jointly under K.S.A. 58-653(a).
A POA can cover a wide range of financial and legal matters: managing bank accounts, handling real estate transactions, filing taxes, managing investments, and carrying on business. What a POA cannot do is covered below in the section on agent authority limits.
Durable Power of Attorney in Kansas
By default, a power of attorney terminates if the principal becomes incapacitated. A durable power of attorney survives that incapacity, which is what makes it so valuable in long-term planning.
K.S.A. 58-652(a) makes durability depend on three conditions, joined by "and," so all three must be satisfied. First, the power of attorney must be denominated a "durable power of attorney." Second, it must include a provision stating in substance one of the two approved durability statements. Third, it must be signed by the principal, and dated and acknowledged in the manner prescribed by the Revised Uniform Law on Notarial Acts.
The two approved forms of durability language are:
- "This is a durable power of attorney and the authority of my attorney in fact shall not terminate if I become disabled or in the event of later uncertainty as to whether I am dead or alive."
- "This is a durable power of attorney and the authority of my attorney in fact, when effective, shall not terminate or be void or voidable if I am or become disabled or in the event of later uncertainty as to whether I am dead or alive."
The statute asks only that the provision state one of these "in substance," so similar language conveying the same intent is also acceptable. Without one of these statements, or substantially similar wording, the document is a nondurable power of attorney and will be suspended if the principal loses capacity (K.S.A. 58-657).
A durable POA can be drafted to take effect immediately upon signing, or it can be a "springing" POA that only becomes effective upon the occurrence of a future event such as the principal's incapacity. Kansas law expressly permits this under K.S.A. 58-652.
Kansas law was amended effective July 1, 2021 to require that powers of attorney executed on or after that date substantially comply with forms established by the Kansas Judicial Council. Principals should confirm they are using a current, compliant form. Before you sign in front of the notary, ask a Kansas estate planning lawyer in a free case evaluation whether the form is current and carries the durability language (attorney advertising).
How to Create a Valid Kansas Power of Attorney
Kansas has clear execution requirements for a financial or general durable power of attorney under the Kansas Power of Attorney Act:
Denomination: For the document to be durable, K.S.A. 58-652(a)(1) requires that it be denominated a "durable power of attorney." This is a separate requirement from the durability provision in the text, and it sits alongside the signing and acknowledgment requirements rather than replacing them.
Signature: The principal must sign the document. If the principal is competent but physically unable to sign, another adult may sign on the principal's behalf, but only in the principal's physical presence and at the principal's specific direction, and this must occur in front of a notary public (K.S.A. 58-652).
Date: The document must be dated.
Acknowledgment: The POA must be acknowledged in the manner prescribed by the Revised Uniform Law on Notarial Acts, which in practice means notarization before a Kansas notary public. Under K.S.A. 58-658, a power of attorney acknowledged in this manner carries a presumption that the principal's signature is genuine, and third parties may rely on it in good faith.
Witnesses: Kansas law does not require witnesses for a financial durable power of attorney under the Kansas Power of Attorney Act. The document still needs Kansas's specific durability wording, and a power of attorney generator can generate a Kansas power of attorney draft to review against that requirement before signing and notarizing.
Recording: Recording the POA with the county register of deeds is not required but is recommended, particularly if the agent will conduct real estate transactions. Under K.S.A. 58-652, if a POA is recorded, any revocation must also be recorded to provide constructive notice to third parties.
What a Kansas Agent Can and Cannot Do
The scope of an agent's authority depends entirely on what the power of attorney document grants. K.S.A. 58-654 governs general powers and their limits.
General powers: If a POA states that general powers are granted "to act with respect to all lawful subjects and purposes," the agent has broad authority to carry out any action a competent adult could carry out through an authorized representative, subject to the express limits in the statute.
Fiduciary duties: Under K.S.A. 58-656, the agent must act in the principal's best interest, follow the principal's instructions, avoid conflicts of interest, and keep the principal's property separate from the agent's own assets (K.S.A. 58-655). The agent must also take reasonable steps to preserve the principal's existing estate plan without modification unless expressly authorized.
Gifts require express authority: An agent cannot make gifts of the principal's property simply by virtue of holding general powers. K.S.A. 58-654(f) lists specific actions that require express enumeration in the POA document, and making or revoking a gift "in trust or otherwise" is among them. If the document does not clearly state that the agent is authorized to make gifts, that authority does not exist.
What agents cannot do: K.S.A. 58-654(g) prohibits agents from taking certain actions under any circumstances regardless of what the document says. These absolute prohibitions are set by statute and cannot be overridden by the principal's instructions in the POA.
Third-party reliance: Under K.S.A. 58-658, banks, title companies, and other third parties that accept an acknowledged POA in good faith are protected from liability. A third party that wrongfully refuses to honor a valid, acknowledged POA may be ordered by a court to accept it; reasonable attorney fees and costs may be awarded if the court finds the third party did not act in good faith (K.S.A. 58-658).
Durable Power of Attorney for Health Care in Kansas
Health care decisions are governed by an entirely separate Kansas statute: the Durable Power of Attorney for Health Care Decisions Act, K.S.A. 58-625 through 58-632. A general financial POA does not by itself authorize an agent to make medical decisions. That authority has to be granted in a durable power of attorney for health care decisions that meets the requirements of K.S.A. 58-625 and 58-629. In Kansas practice that is a separate document, and the two acts impose different execution formalities, but no Kansas statute states that the two grants of authority cannot appear in one instrument.
What the health care POA authorizes: Under K.S.A. 58-629, an agent designated in a health care POA may consent to, refuse, or withdraw consent for any medical care, treatment, service, or procedure. The agent can also arrange institutional placements, hire and discharge health care providers, access the principal's medical records, and make decisions about organ donation and the disposition of the principal's remains.
Durability language: K.S.A. 58-625 defines a durable power of attorney for health care decisions as one that contains language stating it "shall not be affected by subsequent disability or incapacity of the principal," or "shall become effective upon the disability or incapacity of the principal," or similar words.
Execution requirements for health care POA: The health care POA requires either two qualified witnesses or notarization. Under K.S.A. 58-629 and the form prescribed in K.S.A. 58-632:
- Witnesses must be at least 18 years old.
- Witnesses cannot be related to the principal by blood, marriage, or adoption.
- Witnesses cannot be entitled to any portion of the principal's estate.
- Witnesses cannot be the agent named in the document or a person directly financially responsible for the principal's health care.
Who cannot be named as agent: Health care providers and employees of the facility where the principal receives care cannot be designated as the agent unless they are a family member or belong to the same religious community as the principal.
When authority begins: Unless the document states otherwise, a health care POA takes effect only upon the principal's disability or incapacity. Once effective, acts by the agent have the same legal force as if the principal were fully competent, per K.S.A. 58-626.
Revocation of health care POA: A principal may voluntarily revoke a health care POA at any time while competent. Under K.S.A. 58-628, a revocation does not affect an agent who acts in good faith without actual knowledge that the POA has been revoked.
Portability: A health care POA that is valid under the laws of the principal's home state at the time it was signed is also valid in Kansas, per K.S.A. 58-630.
Filling In a Kansas POA Draft
Our free Kansas generator produces a draft you can review against the required durability wording, and POAs signed on or after July 1, 2021 must substantially comply with Kansas Judicial Council forms. PDFelement can help you fill in or edit that draft as a PDF. An e-signature in PDFelement does not replace the acknowledgment before a notary that a Kansas durable POA requires.
Explore PDFelement FeaturesAffiliate disclosure: if you sign up through this link we may earn a commission, at no extra cost to you. Learn more
Revoking or Ending a Kansas Power of Attorney
K.S.A. 58-657 sets out the ways a financial power of attorney terminates:
Revocation by the principal: A principal who is not disabled may revoke a POA at any time, orally or in writing. If the POA was recorded, the revocation must be filed with the register of deeds to be effective against third parties who are unaware of the revocation.
Death of the principal: A power of attorney ends automatically when the principal dies. Any acts the agent takes after the principal's death are void, unless the agent had no actual knowledge of the death.
Divorce, annulment, or separate maintenance: If the principal designated their spouse as agent, the spouse's authority automatically ends when any action for divorce, annulment, or separate maintenance is filed, unless the document expressly provides otherwise.
Disqualification of the agent: Authority ends if the named agent becomes disqualified to act.
Expiration date: If the POA specifies a termination date, it ends on that date.
Good-faith acts: Third parties that deal with an agent in good faith and without actual knowledge of termination are protected from liability. An agent who continues to act knowing authority has ended is personally liable, and K.S.A. 58-657 authorizes courts to award attorney fees and punitive damages against an agent who acts in bad faith.
For national context on how Kansas compares to other states, see the Power of Attorney Laws by State guide.
This page provides general legal information about Kansas power of attorney laws and is not legal advice. Power of attorney documents affect significant legal rights. Consult a licensed Kansas attorney before drafting or signing a POA.
Last reviewed: May 2026
More Kansas Laws
Frequently Asked Questions
Does Kansas require witnesses for a financial power of attorney?
No. The Kansas Power of Attorney Act (K.S.A. 58-650 to 58-665) requires only that the principal sign, date, and acknowledge the document before a notary public. Witnesses are not required for a financial or general durable POA.
Does a Kansas power of attorney need to be notarized?
Yes. Under K.S.A. 58-652, a financial durable power of attorney must be acknowledged in the manner prescribed by the Revised Uniform Law on Notarial Acts, which means it must be notarized. Third parties can rely on an acknowledged POA in good faith under K.S.A. 58-658.
Can a Kansas power of attorney authorize the agent to make gifts?
Not automatically. K.S.A. 58-654(f) requires that gift-making authority be expressly stated in the POA document. General powers alone do not permit an agent to make gifts of the principal's property.
Is Kansas a UPOAA state?
No. Kansas did not adopt the 2006 Uniform Power of Attorney Act (UPOAA). Kansas uses its own Kansas Power of Attorney Act, K.S.A. 58-650 through 58-665, enacted in 2003.
Can one power of attorney document cover both financial and health care decisions in Kansas?
No Kansas statute says it cannot, but separate documents are the standard practice and the safer choice. Financial authority falls under the Kansas Power of Attorney Act (K.S.A. 58-650 et seq.), while health care decision authority must satisfy the Durable Power of Attorney for Health Care Decisions Act (K.S.A. 58-625 et seq.), and the execution requirements differ: a financial durable POA must be signed, dated, and acknowledged before a notary under K.S.A. 58-652(a), while a health care POA needs either two qualified witnesses or notarization under K.S.A. 58-629(e). One related limit is real: K.S.A. 58-654(g)(2) bars an attorney in fact from making, executing, modifying, or revoking a health care POA on the principal's behalf. Ask a Kansas attorney which structure fits your situation.
What are the witness requirements for a Kansas health care power of attorney?
A durable power of attorney for health care decisions in Kansas requires either two adult witnesses (who are not related to the principal and not beneficiaries of the principal's estate) or notarization. Witnesses also cannot be the agent named in the document or a person directly financially responsible for the principal's health care.
When does a Kansas power of attorney end?
A Kansas POA terminates on the date specified in the document, when the principal revokes it, upon the principal's death, upon the agent's disqualification, or upon divorce, annulment, or separate maintenance filing if the principal named their spouse. Acts by an agent who lacks actual knowledge of termination are generally protected under K.S.A. 58-657.
Updates
Corrected the statement that Kansas law bars a single document from covering both financial and health care authority (no statute imposes that bar) and added the K.S.A. 58-652(a)(1) requirement that a durable power of attorney be denominated a durable power of attorney.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected the effective date of the Kansas Judicial Council form requirement to July 1, 2021 (was misstated as January 1, 2022), and corrected the health care POA witness-eligibility rule, which had incorrectly borrowed the agent-eligibility restriction on health care providers and facility employees.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Kansas Statutes Annotated, Chapter 58: PERSONAL AND REAL PROPERTY
§ 58-652Effectiveness of power of attorney; recording; revocation; attorney in fact.In force
(a) The authority granted by a principal to an attorney in fact in a written power of attorney is not terminated in the event the principal becomes wholly or partially disabled or in the event of later uncertainty as to whether the principal is dead or alive if: (1) The power of attorney is denominated a "durable power of attorney"; (2) the power of attorney includes a provision that states in substance one of the following: (A) "This is a durable power of attorney and the authority of my attorney in fact shall not terminate if I become disabled or in the event of later uncertainty as to whether I am dead or alive"; or (B) "this is a durable power of attorney and the authority of my attorney in fact, when effective, shall not terminate or be void or voidable if I am or become disabled or in the event of later uncertainty as to whether I am dead or alive"; and (3) the power of attorney is signed by the principal, and dated and acknowledged in the manner prescribed by the revised uniform law on notarial acts.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Pfannenstiel v. Pfannenstiel (Court of Appeals of Kansas 2026)“…2d 565, 569, 29 P.3d 448 (2001); see also K.S.A. 58-651(d); K.S.A. 58-652(a). Prior to the development of this es…”
- Moral v. PHH Mortgage Corporation (Court of Appeals for the Tenth Circuit 2024)“…ey need not be recorded in Kansas.” Id. at 685 n.6 (citing Kan. Stat. Ann. § 58-652(c)(1)).…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 58-654General powers.In force
(a) A principal may delegate to an attorney in fact in a power of attorney general powers to act in a fiduciary capacity on the principal's behalf with respect to all lawful subjects and purposes or with respect to one or more express subjects or purposes. A power of attorney with general powers may be durable or nondurable. (b) If the power of attorney states that general powers are granted to the attorney in fact and further states in substance that it grants power to the attorney in fact to act with respect to all lawful subjects and purposes or that it grants general powers for general purposes or does not by its terms limit the power to the specific subject or purposes set out in the instrument, then the authority of the attorney in fact acting under the power of attorney shall extend to and include each and every action or power which an adult who is not disabled may carry out through an agent specifically authorized in the premises, with respect to any and all matters whatsoever, except as provided in subsection (f) and (g).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Pfannenstiel v. Pfannenstiel (Court of Appeals of Kansas 2026)“…he SOT does not run afoul of the requirements set out under K.S.A. 58-654(f)(1) or (f)(6), which dictate that an…”
- United States v. Novello (District Court, D. Kansas 2006, 238 F.R.D. 254)“…y by Martin to Novello does not grant general powers. See K.S.A. § 58-654 (principal may delegate general powers…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 58-656Duties of attorney in fact; relation of attorney in fact to court-appointed fiduciary; death of principal.In force
(a) An attorney in fact who elects to act under a power of attorney is under a duty to act in the interest of the principal and to avoid conflicts of interest that impair the ability of the attorney in fact so to act. A person who is appointed an attorney in fact under a power of attorney who undertakes to exercise the authority conferred in the power of attorney, has a fiduciary obligation to exercise the powers conferred in the best interests of the principal, and to avoid self-dealing and conflicts of interest, as in the case of a trustee with respect to the trustee's beneficiary or beneficiaries. The attorney in fact shall keep a record of receipts, disbursements and transactions made on behalf of the principal and shall not comingle funds or assets of the principal with the funds or assets of the attorney in fact.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Pfannenstiel v. Pfannenstiel (Court of Appeals of Kansas 2026)“…ith respect to the trustee's beneficiary or beneficiaries." K.S.A. 58-656(a). Turning to our glossary of…”
- Sarkesian v. Sarkesian (District Court, D. Kansas 2022)“…ion a court for an accounting by an attorney-in-fact. See K.S.A. 58-656(g), 58-662(a). Cf. Stephan v. Martin,…”
- In Re Lindemuth v. Lloyd & MacLaughlin LLC (District Court, D. Kansas 2022)“…g in Lloyd’s possession. 4 K.S.A. § 58-656(b).…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 58-655Indication of capacity as attorney in fact; property and accounts separate.In force
(a) An attorney in fact acting for the principal under a power of attorney shall clearly indicate the attorney in fact's capacity and shall keep the principal's property and accounts separate and distinct from all other property and accounts in a manner to identify the property and accounts clearly as belonging to the principal. (b) An attorney in fact holding property for a principal complies with subsection (a) if the property is held in the name of the principal, in the name of the attorney in fact as attorney in fact for the principal or if the attorney in fact is a state or national bank or trust company, in a nominee name as provided under K.S.A. 9-1607, and amendments thereto.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 58-657Modification, termination or suspension of power of attorney; successor attorney; resignation of attorney.In force
(a) As between the principal and attorney in fact or successor attorney in fact, and any agents appointed by either of them, unless the power of attorney is coupled with an interest, the authority granted in a power of attorney shall be modified or terminated as follows: (1) On the date shown in the power of attorney and in accordance with the express provisions of the power of attorney; (2) when the principal, orally or in writing, or the principal's legal representative in writing informs the attorney in fact or successor that the power of attorney is modified or terminated, or when and under what circumstances it is modified or terminated; or (3) when a written notice of modification or termination of the power of attorney is filed by the principal or the principal's legal representative for record in the office of the register of deeds in the county of the principal's residence or, if the principal is a nonresident of the state, in the county of the residence of the attorney in fact last known to the principal, or in the county in which is located any property specifically referred to in the power of attorney.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Sarkesian v. Sarkesian (District Court, D. Kansas 2022)“…funds or assets. (Id. at 5.) It alleges that pursuant to K.S.A. 58-657(g), Defendant is liable to Plaintiff f…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 58-658Exemption of third persons from liability.In force
(a) A third person, who is acting in good faith, without liability to the principal or the principal's successors in interest, may rely and act on any power of attorney executed by the principal and acknowledged in the manner prescribed by K.S.A. 53-501 et seq., and amendments thereto. A signature on a power of attorney is presumed to be genuine if acknowledged in the manner prescribed by K.S.A. 53-501 et seq., and amendments thereto. A third person, with respect to the subjects and purposes encompassed by or separately expressed in the power of attorney, may rely and act on the instructions of or otherwise contract and deal with the principal's attorney in fact or successor attorney in fact and, in the absence of actual knowledge, as defined in subsection (d), is not responsible for determining and has no duty to inquire as to any of the following: (1) The authenticity of a copy of a power of attorney furnished by the principal's attorney in fact or successor; (2) the validity of the designation of the attorney in fact or successor; (3) whether the attorney in fact or successor is qualified to act as an attorney in fact for the principal; (4) the propriety of any act of the…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 58-653Appointment of multiple attorneys in fact; qualifications; persons disqualified.In force
(a) A principal may appoint more than one attorney in fact in one or more powers of attorney and may provide that the authority conferred on two or more attorneys in fact shall or may be exercised either jointly or severally or in a manner, with such priority and with respect to such subjects as is provided in the power of attorney. In the absence of specification in a power of attorney, the attorneys in fact must act jointly. (b) The designation of a person not qualified to act as an attorney in fact for a principal under a power of attorney subjects the person to removal as attorney in fact but does not affect the immunities of third persons nor relieve the unqualified person of any duties or responsibilities to the principal or the principal's successors.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 58-629Authority of agent; limitations on agent's power; persons not to be designated as agents; witnesses and acknowledgment; effect of death of principal.In force
(a) A durable power of attorney for health care decisions may convey to the agent the authority to: (1) Consent, refuse consent, or withdraw consent to any care, treatment, service or procedure to maintain, diagnose or treat a physical or mental condition, and to make decisions about organ donation, autopsy, and disposition of the body; (2) make all necessary arrangements for the principal at any hospital, psychiatric hospital or psychiatric treatment facility, hospice, nursing home or similar institution; to employ or discharge health care personnel to include physicians, psychiatrists, psychologists, dentists, nurses, therapists or any other person who is licensed, certified, or otherwise authorized or permitted by the laws of this state to administer health care as the agent shall deem necessary for the physical, mental and emotional well being of the principal; and (3) request, receive and review any information, verbal or written, regarding the principal's personal affairs or physical or mental health including medical and hospital records and to execute any releases of other documents that may be required in order to obtain such information.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 58-625Meaning of durable power of attorney for healthcare decisions.In force
A durable power of attorney for health care decisions is a power of attorney by which a principal designates another as the principal's agent in writing and the writing contains the words "this power of attorney for health care decisions shall not be affected by subsequent disability or incapacity of the principal" or "this power of attorney for health care decisions shall become effective upon the disability or incapacity of the principal," or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent disability or incapacity.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 1990
Opinions citing this section in our collection:
- Cruzan Ex Rel. Cruzan v. Director, Missouri Department of Health (Supreme Court of the United States 1990, 497 U.S. 261)“…Ill. Rev. Stat., ch. 110A, 11804-1 to 804-12 (Supp. 1988); Kan. Stat. Ann. §58-625 (Supp. 1989); Me. Rev. Stat. Ann., Tit…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 58-626Acts of agent during disability or incapacity of principal.In force
All acts done by an agent pursuant to a durable power of attorney for health care decisions during any period of disability or incapacity of the principal have the same effect as if the principal were competent and not disabled.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 58-628Effect of voluntary revocation by principal; actual knowledge required.In force
A voluntary revocation by a principal of a durable power of attorney for health care decisions does not revoke or terminate the agency as to the agent or other person, who, without actual knowledge of the revocation, acts in good faith under the power.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 58-630Effect if valid under laws of state of principal's residence; acts by agent in this state.In force
Any durable power of attorney for health care decisions which is valid under the laws of the state of the principal's residence at the time the durable power of attorney for health care decisions was signed, shall be a durable power of attorney for health care decisions under this act. All acts taken by an agent in this state under such a durable power of attorney for health care decisions, which would be valid under the laws of this state, shall be valid acts. All acts taken by an agent for a principal whose residence is Kansas at the time the durable power of attorney for health care decisions is signed shall be valid if valid under Kansas law.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 58-632Form of durable power of attorney.In force
A durable power of attorney for health care decisions shall be in substantially the following form:
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
§ 58-651Definitions.In force
As used in the Kansas power of attorney act: (a) "Attorney in fact" means an individual, corporation or other legal entity appointed to act as agent of a principal in a written power of attorney. (b) "Court" means the district court. (c) "Disabled" means a person who is wholly or partially disabled as defined in K.S.A. 77-201, and amendments thereto, or a similar law of the place having jurisdiction of the person whose capacity is in question. (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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Pfannenstiel v. Pfannenstiel (Court of Appeals of Kansas 2026)“…itten legal instrument and is either durable or nondurable. K.S.A. 58-651(i). It contemplates one person, designa…”
- McGregor v. McGregor (Court of Appeals of Kansas 2021)“…v. Geren, 29 Kan. App. 2d 565, 569, 29 P.3d 448 (2001); see K.S.A. 58-651(d) (defining "durable power of attorney…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 58-650Citation of act.In force
K.S.A. 58-650 through 58-665, and amendments thereto, shall be known and may be cited as the Kansas power of attorney act.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at ksrevisor.gov
Cited in 3 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- In re Estate of Moore (Supreme Court of Kansas 2019)“…rding powers of attorney, the Kansas Power of Attorney Act, K.S.A. 58-650 et seq. See L. 1997, ch. 176, § 1 (Tran…”
- Pfannenstiel v. Pfannenstiel (Court of Appeals of Kansas 2026)“…The Kansas Power of Attorney Act (the Act), codified at K.S.A. 58-650 through K.S.A. 58-665, is also key to o…”
- In re Trust of Bulger (Court of Appeals of Kansas 2017)“…S.A. 58a-101 et seq., and the Kansas Power of Attorney Act, K.S.A. 58-650 et seq., alleging that Thomas had "misa…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- K.S.A. 58-650 - Kansas Power of Attorney Act (Short Title)(ksrevisor.gov).gov
- K.S.A. 58-651 - Kansas Power of Attorney Act Definitions(ksrevisor.gov).gov
- K.S.A. 58-652 - Effectiveness of Durable Power of Attorney; Execution Requirements(ksrevisor.gov).gov
- K.S.A. 58-653 - Multiple Attorneys in Fact; Qualifications(ksrevisor.gov).gov
- K.S.A. 58-654 - General Powers; Express Authority Requirements(ksrevisor.gov).gov
- K.S.A. 58-655 - Indication of Capacity; Keeping Property Separate(ksrevisor.gov).gov
- K.S.A. 58-656 - Duties of Attorney in Fact; Fiduciary Obligations(ksrevisor.gov).gov
- K.S.A. 58-657 - Modification, Termination, or Suspension of Power of Attorney(ksrevisor.gov).gov
- K.S.A. 58-658 - Exemption of Third Persons from Liability; Acceptance of POA(ksrevisor.gov).gov
- K.S.A. 58-625 - Durable Power of Attorney for Health Care Decisions (Definition)(ksrevisor.gov).gov
- K.S.A. 58-626 - Acts of Agent During Disability of Principal(ksrevisor.gov).gov
- K.S.A. 58-628 - Voluntary Revocation of Health Care POA(ksrevisor.gov).gov
- K.S.A. 58-629 - Authority of Agent; Execution Requirements for Health Care POA(ksrevisor.gov).gov
- K.S.A. 58-630 - Validity of Out-of-State Health Care POA(ksrevisor.gov).gov
- K.S.A. 58-632 - Form of Durable Power of Attorney for Health Care(ksrevisor.gov).gov
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