Kansas Power of Attorney Forms
Power of Attorney forms is used as official documents, proving that the principal has chosen an agent to perform particular responsibilities, and the latter agreed to act on the principal’s behalf. Depending on the type of this paper, the attorney will have to make medical, financial, or estate decisions.
Reasons for Creating the Form
Normally, people decide to complete and notarize a Power of Attorney after getting notified of some terminal medical condition. Another reason may be reaching an older age or a kind of mental incompetence, especially if this is a progressing one. However, any adult may wish to execute a Power of Attorney to protect their property and well-being in case of an unpredictable emergency.
Kansas POA Legal Info
The creation of this document is regulated by Chapter 58, Article 6 of the state Kansas law. Some key requirements for the paper to be considered effective are that it is:
- Signed by the Principal sound of mind, the Agent(s), and the Witnesses (if applicable);
- Containing Certain Powers;
- Describing Limitations (if any).
Types of POA forms
Although the most common Power of Attorney forms are medical and money-related, Kansas POAs are not limited to that.
Get acquainted with the complete range below:
- Durable Healthcare
- Minor Child
- Real Estate
Kansas Durable Power of Attorney
Probably one of the most popular POAs to legitimize is a durable one. Durable Power of Attorneys are documents that are established by principals, who are willing to grant their attorneys the rights to deal with specific matters on their behalf after getting incapacitated.
Durable Power of Attorney Forms is often confused with the Advanced Directives, which are completed by principals to inform their relatives and medical personnel about healthcare treatment they wish to receive in case of their disability to express these wishes any longer (due to some medical condition, either mental or physical).
This type of document will normally describe a range of financial responsibilities that the agent agrees to perform right after the principal can no longer manage the processes themselves.
Among the most common rights are the following:
- Business transactions;
- Claims and litigation;
- Real property operations;
- Tax matters;
- Stocks and bonds;
- Personal and family maintenance;
- Retirement plan operations;
- And other similar issues.
Kansas DPOA Laws
The creation of the Kansas DPOA is regulated by Article 6, Paragraph 58-629 of the state law. According to it, the form should be prepared in writing and either authenticated by a legal notary or witnessed by two competent adults. It is recommended to prepare three copies of the document. Keep it in a secure place but make sure that your closest relatives or trusted ones are aware of where to get the paper.
Filling Out Guide
To ensure the best result, follow this simple plan of completing your Kansas Durable Power of Attorney:1. Get yourself a template
It is possible to use the form-building software you consider trustworthy or download a template from any reliable web page. Do not hesitate to consult about whether the form is adequate with a legal specialist.2. Provide your private data
The first step will be indicating your identity as a principal. It is required to provide your complete name and residential address.3. Designate the attorney who voluntarily agrees to get accountable for managing your financial deals in case of incapacitation
Your attorney is the one you trust a lot. This may be your spouse, child, sibling, or colleague. Make sure to have negotiated the responsibilities this person is about to get once you are physically or mentally unable to perform them. The agent’s decision to represent your interests must be willful.4. Choose the responsibilities
Most likely, there will be a number of matters presented in the form. You have read the detailed description and tick those that you believe your designee should take care of after the paper becomes effective.5. If applicable, add extra information or limitations
This is pretty obvious that the principal might not wish to grant their designee all the rights that are listed in the document. If you want to specify the information about a particular case, limit or extend a certain right, provide relevant info herein.6. Insert the name of an alternative attorney in case the original one does not wish to be your agent anymore or becomes incompetent
No one knows the exact moment when the form will gain complete validity. In order to prevent a situation when the original attorney is unavailable, incompetent, or unwilling to act on your behalf, make sure to find one or two more people that agree to be your alternate agents.7. Append your signatures
All the parties must review the paper one more time prior to signing and dating that.8. Notarize/witness the paper
As it was already mentioned before, the state of Kansas lets its residents choose between two options to legitimize the DPOA. You may get it authenticated by a notary or ask two witnesses (18 or older) to sign the document.9. Indicate the preparer
If the paper was prepared by a specialist, provide their complete name.
This form may be terminated or revoked at any time. To do so, the principal should either create a new valid DPOA mentioning the modifications they have decided to do or completely destroy the paper. You do not have to provide any grounds for your decision.
Due to the utmost importance of this document, try not to miss any detail. Make sure to study relevant laws and given notices. If you are not completely sure about the correctness of your filling out manner, please contact a professional advisor that will check that your form is right. Do not forget that the principal should be qualified of sound mind, and all the other parties must not be forced to sign the paper.