Free Kansas Limited Power of Attorney Form

A Kansas limited power of attorney names an attorney in fact to act for you on specific matters. The Kansas Power of Attorney Act, at K.S.A. 58-650 through 58-665, supplies the rules. Kansas wrote its own act rather than adopting the uniform version, so its details differ from what you may have read elsewhere.

Kansas puts its execution rules in a single section. Here’s what they cover.

Durability Takes a Label and a Sentence

To survive your later disability, the document must carry the label “durable power of attorney” and one of two statements the statute sets out (K.S.A. 58-652(a)(1)-(2)). Leave those out, and the authority ends if you lose capacity.

Sign It and Get It Notarized

You sign it, then date it and acknowledge it in the manner the revised uniform law on notarial acts prescribes (§ 58-652(a)(3)). That subsection names no witnesses.

A Designee Can Sign for You

Physically unable to sign, but competent and conscious? An adult designee may sign your name in your presence, at your specific direction expressed in front of a notary public. The notary then takes the acknowledgment the same way (§ 58-652(a)(3)).

You Can Set a Start Trigger

Kansas expressly allows a delayed start. Your document can take effect on a future date, on a specified event, or when a stated condition exists. A third party may then rely on your agent’s affidavit that the event happened (§ 58-652(e)).

Not for validity. A power of attorney binds you and your agent, and you and third parties, without recording (K.S.A. 58-652(c)(1)). You may still record it the same way a land conveyance is recorded, and a certified copy then works as evidence.

Recording does change one thing, though. If you record the document, any revocation must also be recorded before the revocation takes effect (§ 58-652(c)(3)). An unrecorded power of attorney can be revoked by a recorded revocation or in any other appropriate manner.

So a Kansas limited power of attorney used for one land transaction may be worth recording. For a bank errand, most people skip it.

One notary appointment usually covers it. Here’s the order to work in:

1. Describe the task, naming the account, property, or transaction.
2. Decide whether it should survive your disability, and add the label and statement if so.
3. Choose whether it starts now or on a future date, event, or condition.
4. Sign and date it in front of a notary public.
5. Record it with the register of deeds if it covers a land transaction.
6. Give your agent the document, and keep a copy yourself.

If your document names people who must receive notice of a revocation, remember that they can keep relying on it until that notice reaches them (§ 58-652(c)(4)).

Every line below helps a bank or register of deeds act on your document. Your Kansas limited power of attorney should set out:

• Your full name, plus the name of your attorney in fact
• The specific authority, described in concrete terms
• A start date, event, or condition
• An end date or ending event
• The durability label and statement, if you want those
• Your dated signature and the notary’s acknowledgment

Your agent also has no duty to act unless they expressly agree in writing (§ 58-652(d)). So talk to them before you sign, rather than after.

One timing note closes this out. The 2021 amendments apply going forward and don’t disturb a Kansas limited power of attorney signed before July 1, 2021 (§ 58-652(g)).