Power of attorney in Kansas: form, signing and powers

The form, the signing rules, durable or not, and what an agent can do in Kansas, from Kansas law.

Checked against official sources: October 31, 2026.

Short answer

Kansas power of attorney act

How to sign: Notarized
Durable unless it says otherwise?: No: it continues after incapacity only if it says so.
Uniform Power of Attorney Act: No

Words used in Kansas

In Kansas you name an attorney in fact for money and property in a power of attorney, and an agent for health care in a durable power of attorney for health care decisions. A living will is a separate declaration. If an adult cannot manage and less restrictive options will not work, the district court can appoint a guardian or conservator.

An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.

Money and property: Durable power of attorney (Kansas power of attorney act)
The person you choose: Attorney in fact
Health care: Durable power of attorney for health care decisions
Treatment wishes: Declaration (living will) under the Kansas natural death act
Court-appointed decision-maker: Guardian (personal decisions) and conservator (property and money); full or limited

Law and official form

Law: Kansas power of attorney act
Uniform Power of Attorney Act: No
Official form: Durable power of attorney form developed by the Kansas Judicial CouncilPublished by Kansas Judicial Council
You do not have to use it.
A power of attorney signed on or after July 1, 2021 is sufficient if it substantially follows the Judicial Council form. You do not have to use it. The Judicial Council also publishes an attorney in fact's certification form that businesses must treat as sufficient.

Law: K.S.A. 58-650; K.S.A. 58-652(f), 58-658(i)

Signing rules

How to sign: For a power of attorney to keep working if you become disabled, it must be called a 'durable power of attorney', include durable language like the wording in the statute, be signed and dated by you, and be acknowledged before a notary public. Businesses must accept a power of attorney that has been acknowledged before a notary, except for listed reasons.
Who signs: Signed by you. If you are physically unable to sign but competent and conscious, an adult you choose can sign your name in your presence, at your specific direction given in front of a notary public.
Notary: Required
Witnesses: None required

Law: K.S.A. 58-652(a), 58-658(g)

Durable and springing

Is it durable?

A power of attorney is durable only if it is called a 'durable power of attorney', states in substance that the attorney in fact's authority does not end if you become disabled, and is signed, dated and acknowledged before a notary. A nondurable power of attorney is suspended while you are disabled.

Law: K.S.A. 58-652(a); K.S.A. 58-657(c)

Durable unless it says otherwise?

No: it continues after incapacity only if it says so.

Starting later (springing)

A power of attorney can say it takes effect only on a future date, a future event or a future condition. Unless they know otherwise, people can rely on the attorney in fact's affidavit that the event or condition has happened.

Law: K.S.A. 58-652(e), 58-656(f)

What an agent can and cannot do

Needs express permission

Make, amend or revoke a trust agreement
Fund a trust you did not create with your assets
Make or revoke a gift of your property, in trust or otherwise
Disclaim a gift or inheritance
Create or change survivorship interests in your property
Name or change beneficiaries who receive property, benefits or contract rights at your death
Consent or refuse consent to an autopsy
Make or decline an anatomical gift of your body parts
Nominate a guardian or conservator for you (including the attorney in fact, if the document says so)
Consent to sale, gift or mortgage of your homestead (with your spouse's written, acknowledged consent and a legal description of the property)
Name substitute, successor or additional attorneys in fact
Delegate powers
Access the content of your electronic communications
Pay reasonable funeral and burial expenses

No power of attorney can

No power of attorney can let the attorney in fact make, amend or revoke your will; make, change or revoke your living will declaration, do-not-resuscitate directive or durable power of attorney for health care decisions; force you to do or not do something against your will; or do anything you forbade while you were not disabled.

Law: K.S.A. 58-654(g)

Law: K.S.A. 58-654(f)

Agent duties, pay and court review

Agent duties

Act in your interest and avoid self-dealing and conflicts of interest
Act with the care of a prudent person dealing with someone else's property
Keep a record of receipts, payments and transactions
Keep your property and accounts separate from their own and sign showing they act as attorney in fact
Carefully keep your estate plan unchanged unless the document explicitly allows changes
Stay in regular contact with you and follow your instructions when reasonably possible
After your death, deliver your property and records to your personal representative or successors

Agent pay

Subject to the power of attorney or a separate agreement, the attorney in fact is entitled to reasonable compensation and reimbursement of reasonable expenses.

Law: K.S.A. 58-661

Asking a court to review an agent

You can ask the district court for an accounting. If you are disabled or deceased, your legal representative, an adult family member or any person interested in your welfare can petition. The court can also decide whether you are disabled, order or restrict the attorney in fact's acts, suspend or end the power of attorney, remove the attorney in fact or appoint a conservator.

Law: K.S.A. 58-662

Law: K.S.A. 58-655, 58-656

When it ends and how to revoke it

How to revoke a power of attorney in Kansas

Official forms in Kansas

Forms published by the state or its courts. You open them on the official site.

Health care directive

Durable Power of Attorney for Health Care Decisions (form in K.S.A. 58-632) · Published by Kansas Legislature · Version: Statutory form, L. 1989, ch. 181, § 8

Living will

Declaration (living will) under the natural death act

Good to know in Kansas

Since January 1, 2026, Kansas guardianships and conservatorships are governed by the Kansas uniform guardianship, conservatorship and other protective arrangements act, which requires the court to consider less restrictive alternatives first.
Law: K.S.A. 59-30,101 et seq
In 2026 Kansas enacted a supported decision-making agreements act.
Law: 2026 Session Laws ch. 77, SB 84
A Kansas power of attorney is durable only if it is called a 'durable power of attorney', says so, and is notarized.
Law: K.S.A. 58-652
If a power of attorney was recorded with the register of deeds, the revocation must also be recorded.
Law: K.S.A. 58-652(c)(3)

Changes in 2024–2026

L. 2025, ch. 40, effective January 1, 2026; it also amended K.S.A. 58-656 and 58-662.

Law: Kansas uniform guardianship, conservatorship and other protective arrangements act, K.S.A. 59-30,101 to 59-30,212; SB 84; 2026 Session Laws ch. 77, approved April 7, 2026: supported decision-making agreements act

Free help in Kansas

Report abuse or exploitation

Kansas Department for Children and Families, Adult Protective Services (Kansas Protection Report Center) · 1-800-922-5330

Questions about powers of attorney in Kansas

What is a power of attorney called in Kansas?

Durable power of attorney (Kansas power of attorney act). In Kansas you name an attorney in fact for money and property in a power of attorney, and an agent for health care in a durable power of attorney for health care decisions. A living will is a separate declaration. If an adult cannot manage and less restrictive options will not work, the district court can appoint a guardian or conservator.

Does a power of attorney have to be notarized in Kansas?

For a power of attorney to keep working if you become disabled, it must be called a 'durable power of attorney', include durable language like the wording in the statute, be signed and dated by you, and be acknowledged before a notary public.

Is there an official power of attorney form in Kansas?

Durable power of attorney form developed by the Kansas Judicial Council. You do not have to use it.