Free Kansas Real Estate Power of Attorney Form Template

A Kansas real estate power of attorney form appoints an attorney in fact to handle real property matters for you. The Kansas Power of Attorney Act, in Article 6 of Chapter 58 of the Kansas Statutes, governs it.

Section 58-652 sets the rules for a durable power of attorney and for recording.

Three Conditions for Durability

The authority survives the principal’s disability only if the document is denominated a “durable power of attorney,” includes a provision stating that in substance, and is signed by the principal, dated, and acknowledged under the revised uniform law on notarial acts.

Recording Isn’t Required for Validity

A power of attorney doesn’t have to be recorded to be valid and binding between the principal and attorney in fact, or between the principal and third persons.

Recording Works Like a Land Conveyance

You may record a power of attorney in the same manner as a conveyance of land, and a certified copy of a recorded power may be admitted into evidence.

Recorded Powers Need Recorded Revocations

If a power of attorney is recorded, any revocation must be recorded the same way to be effective.

The Judicial Council Form

A power of attorney executed on or after July 1, 2021, is sufficient if it substantially complies with the form set by the judicial council.

No, recording isn’t required for validity under section 58-652. You may record it the way a conveyance of land is recorded.

Recording has a consequence, though. Once a power of attorney is recorded, a later revocation only takes effect if it is recorded the same way.

Tip: If you record your Kansas real estate power of attorney form, keep in mind that revoking it later will also mean recording the revocation.

Follow section 58-652:

1. Title it a “durable power of attorney” if you want it to survive disability.
2. Include the statutory durability provision.
3. Name yourself as principal and your attorney in fact.
4. Identify the property and the powers you grant.
5. Sign, date, and acknowledge it before a notary.
6. Decide whether to record it like a land conveyance.

Cover these points:

• The “durable power of attorney” title and provision
• Principal’s and attorney in fact’s names
• The property and the powers granted
• Principal’s signature and the date
• A notary’s acknowledgment

Document Genius’s guided form covers each item, so your Kansas real estate power of attorney form is ready to sign in minutes.