Kansas Power of Attorney Forms
The Kansas Power of Attorney Forms establish the parameters by which a person or entity nominated by an individual can legally act on their behalf. Such an arrangement is entered into because the individual has decided that due to considerations of time, health, or convenience it is in their best interests to delegate their decision making powers in one or more circumstances to another responsible individual.
What is a Kansas Power of Attorney?
A Kansas Power of Attorney is a legally-binding document that dictates the terms of an understanding between one party who elects another party to oversee their personal or business matters. There are numerous mandatory requirements which must be upheld when drafting the document. For instance, it is critical that the document names both the effective starting and ending date of the POA. The POA must also follow the stipulations regarding POA arrangements that are set out by the state.
- Kansas Power of Attorney Laws – (Chapter 58, Article 6, “Powers and Letters of Attorney”)
- State Definition of Power of Attorney (§ 58-651(i)) – “means a written power of attorney, either durable or nondurable.”
- Signing Requirements (§ 58-629 & § 58-652) – The POA is signed and dated by the Principal in the presence of two (2) witnesses, and is acknowledged before a Notary Public. If the Principal is physically incapable of signing, but is otherwise competent and conscious, the POA may be signed by an adult designee in the Principal’s presence as well as that of a Notary Public.
Durable (Financial) Power of Attorney – Individuals wanting to secure the terms of a POA even in the event of their incapacity must ensure they use a “durable” type of POA, as this form represents.
General (Financial) Power of Attorney – If an individual does not wish their attorney-in-fact to continue managing their finances if they become unable to communicate their wishes by themselves due to incapacity, a “general” type of financial POA should be enforced.
Limited (Special) Power of Attorney – Relatively narrower in scope than other POA forms, a Limited (Special) Power of Attorney allows a principal to rest assured that their agent only has permission to act on their behalf in a limited set of circumstances.
Medical (Health Care) Power of Attorney – Regardless of an individual’s age, end-of-life planning is an important consideration to make. Any individual can ensure their wishes will be duly carried out even if they are rendered unable to express them by completing this particular form.
Minor Child Power of Attorney – Parents who find themselves struggling to juggle parenting and work commitments may find delegating such responsibilities to a trusted family member or friend, through use of this form, a viable legal option.
Motor Vehicle Power of Attorney (Form TR-41) – Anyone who wishes to allocate certain decision-making powers about their motor vehicle to another party must do so by filling out this special POA document that is formulated to establish such an arrangement.
Real Estate (Property) Power of Attorney – A contract that stipulates the ways in which a principal has agreed to allow another individual or entity, such as a property management company, to organize their real estate affairs on their behalf.
Revocation of Power of Attorney – A power of attorney does not need to endure as long as the contract states. It can be withdrawn at any time when the Principal files this form, which essentially halts the powers outlined in a given POA.
State Tax Filing Power of Attorney (Form DO-10) – If an individual chooses to hire a tax agent to take charge of their taxes, they will likely need to grant them access to relevant confidential tax documents in their name. This vital step can be completed by filing this form with the tax department.
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When is it Effective?
A Power of Attorney becomes effective in the state of Kansas, according to § 58-629 & § 58-652, once the POA is signed and dated by the Principal in the presence of two (2) witnesses aged eighteen (18) years or older. The POA must additionally be acknowledged before a Notary Public.
Should the Principal be physically unable to sign the POA (but is otherwise competent and conscious), an adult designee of the Principal may sign it so long as the signing takes place in the presence and at the specific direction of the Principal, and is expressed in the presence of a Notary Public.