Kansas Power of Attorney Requirements & Free Form

Kansas requirements

• Kansas follows its own power of attorney statutes, including K.S.A. 58-652, and has not adopted the Uniform Power of Attorney Act.
• A durable power of attorney must be signed by the principal and dated, and the signature must be acknowledged in the manner prescribed by the uniform law on notarial acts, which in practice means signing before a notary.
• K.S.A. 58-652 does not require witnesses for a power of attorney.
• Durability is not the default in Kansas. The document needs express wording, for example that the authority of the attorney in fact shall not terminate if the principal becomes disabled.
• If the principal cannot physically sign, another adult may sign at the principal's direction in the presence of the principal and the notary.
• If the document will be used for real estate, ask the register of deeds in the county where the property sits about recording before relying on it.

Frequently asked questions

Does Kansas require a power of attorney to be notarized?

Yes for a durable power of attorney. K.S.A. 58-652 requires the principal's signature to be acknowledged in the manner prescribed by the uniform law on notarial acts, so plan on signing before a notary.

Is a Kansas power of attorney durable by default?

No. Kansas requires express durability language stating that the agent's authority continues if the principal becomes disabled. Without that wording the authority can lapse at incapacity.

Official sources

• https://www.ksrevisor.gov/statutes/chapters/ch58/058_006_0052.html