58-625. Durable power of attorney for health care decisions; meaning. 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 […]
58-626. Same; acts of agent during disability or incapacity of principal. 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. History: L. 1989, ch. […]
58-627. Same; power of court-appointed guardian; principal authorized to nominate conservator or guardian; court appointment. (a) If, following execution of a durable power of attorney for health care decisions, a court of the principal’s domicile appoints a guardian charged with the responsibility for the principal’s person, the guardian has the same power to revoke or […]
58-628. Same; effect of voluntary revocation by principal; actual knowledge required. 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. […]
58-629. Same; authority of agent; limitations on agent’s power; persons not to be designated as agents; witnesses and acknowledgment; effect of death of principal. (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 […]
58-630. Same; effect if valid under laws of state of principal’s residence; acts by agent in this state. 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 […]
58-631. Same; durable power of attorney executed before July 1, 1989, not affected by this act. A durable power of attorney executed before July 1, 1989, that specifically authorizes the attorney in fact or agent to make decisions relating to the health care of the principal shall not be limited or otherwise affected by the […]
58-632. Same; form. A durable power of attorney for health care decisions shall be in substantially the following form: DURABLE POWER OF ATTORNEY FORHEALTH CARE DECISIONSGENERAL STATEMENT OF AUTHORITY GRANTED I,______________________________, designate and appoint: Name _____________________________________________ Address: __________________________________________ Telephone Number: __________________________________ to be my agent for health care decisions and pursuant to the language stated […]
58-650. Title of act. 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. History: L. 2003, ch. 58, § 1; July 1.
58-651. Definitions. 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 […]
58-652. Effectiveness of power of attorney; recording; revocation; attorney in fact. (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 […]
58-653. Appointment of multiple attorneys in fact; qualifications; persons disqualified. (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, […]
58-654. General powers. (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 […]
58-655. Indication of capacity as attorney in fact; property and accounts separate. (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 […]
58-656. Duties of attorney in fact; relation of attorney in fact to court-appointed fiduciary; death of principal. (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 […]
58-657. Modification, termination or suspension of power of attorney; successor attorney; resignation of attorney. (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 […]
58-658. Exemption of third persons from liability. (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. […]
58-659. Termination of power of attorney; liability between principal and third persons. (a) As between the principal and third persons, the authority granted in a power of attorney shall terminate on the date of termination, if any, set out in the power of attorney or on the date when the third person acquires actual knowledge […]
58-660. Delegation of powers; successor attorneys in fact; court appointments. (a) If the principal has expressly authorized such delegation pursuant to subsection (f) of K.S.A. 58-654, and amendments thereto, an attorney in fact or successor from time to time may revocably delegate any or all of the powers granted in a durable power of attorney […]
58-661. Compensation of attorney in fact. Subject to the provisions of the power of attorney and any separate agreement, an attorney in fact is entitled to reasonable compensation for services rendered to the principal as attorney in fact and reimbursement for reasonable expenses incurred as a result of acting as attorney in fact for the […]
