Kansas Durable Power of Attorney

Rules relating to durable power of attorney are dealt with in Kansas Statutes Chapter 58, Article 6, Section 58-601 through 58-665.  This Chapter is also known and can be cited as the Kansas Power of Attorney Act.  Pursuant to Section 58-656 (g), on the death of the principal, the attorney in fact should follow the instructions of the Court of jurisdiction, if any and should communicate with and be accountable to the Principal’s personal representative and successors.  According to Section 58-652, the authority granted by a principal to an attorney in fact in a written durable 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 dead or alive.  Pursuant to Section 58-657, the authority granted to the attorney in fact of any agent should be modified or terminated on the date shown in the power of attorney, or when the principal in writing informs the attorney in fact that the power of attorney is modified or terminated.  Additionally the authority granted will modify or terminate, on the death of the principal.

According to Section 58-659, as between the principal and third persons, the authority the authority granted to the third persons shall be modified or terminated on the date of termination or when the third person acquires actual knowledge of the death of the principal.  Under Section 58-652, a power of attorney does not have to be recorded to be valid and binding between the principal and attorney in fact or between the principal and third persons.  However, a power of attorney may be recorded in the same manner as a conveyance of land is recorded.


Inside Kansas Durable Power of Attorney