Power of Attorney and Health Care – General – Kansas
A durable power of attorney for health care decisions is a power of attorney by which a principal designates another as the principal’s agent in writing. The writing must contain the words “this power of attorney for health care decisions shall not be affected by subsequent disability or incapacity of the principal” or “this power of attorney for health care decisions shall become effective upon the disability or incapacity of the principal,” or similar words showing the intent of the principal that the authority conferred is exercisable notwithstanding the principal’s disability or incapacity.
All acts done by an agent pursuant to a durable power of attorney for health care decisions during any period of disability or incapacity of the principal have the same effect as if the principal were competent and not disabled.
If a court appoints a guardian charged with the responsibility for the principal’s person, the guardian has the same power to revoke or amend the durable power of attorney that the principal would have had if the principal were not disabled or incapacitated.
A principal may nominate in a durable power of attorney for health care decisions a conservator or guardian for consideration by the court if protective proceedings for the principal’s person or estate are thereafter commenced. The court will make its appointment in accordance with the principal’s most recent nomination in a durable power of attorney for health care decisions except for good cause or disqualification.
A voluntary revocation by a principal of a durable power of attorney for health care decisions does not revoke or terminate the agency of an agent or other person, who, without actual knowledge of the revocation, acts in good faith under the power of attorney.
A durable power of attorney for health care decisions may convey to the agent the authority to:
Consent, refuse consent, or withdraw consent to any care, treatment, service or procedure to maintain, diagnose or treat a physical or mental condition, and to make decisions about organ donation, autopsy, and disposition of the body;
Make all necessary arrangements for the principal at any hospital, psychiatric hospital or psychiatric treatment facility, hospice, nursing home or similar institution and employ or discharge health care personnel as the agent shall deem necessary for the physical, mental and emotional well being of the principal; and
Request, receive and review any information, verbal or written, regarding the principal’s personal affairs or physical or mental health including medical and hospital records and to execute any releases of other documents that may be required in order to obtain such information.
In exercising the authority under the durable power of attorney for health care decisions, the agent has a duty to act consistent with the expressed desires of the principal.
Neither a treating health care provider nor an employee of the treating health care provider, nor an employee, owner, director or officer of a facility described in K.S.A. 58-629(a)(2) may be designated as the agent to make health care decisions under a durable power of attorney for health care decisions unless:
Related to the principal by blood, marriage or adoption; or
The principal and agent are members of the same community of persons who are bound by vows to a religious life and who conduct or assist in the conduct of religious services and actually and regularly engage in religious, benevolent, charitable or educational ministrations or the performance of health care services.
A durable power of attorney for health care decisions must be:
Dated and signed in the presence of two witnesses at least 18 years of age. Neither witness can be the agent, related to the principal by blood, marriage or adoption, entitled to any portion of the estate of the principal according to the laws of intestate succession of this state or under any will of the principal or codicil thereto, or directly financially responsible for the principal’s health care; or
Acknowledged before a notary public.
The death of the principal does not prohibit or invalidate acts of the agent in arranging for organ donation, autopsy or disposition of body.
Any person who in good faith acts pursuant to the terms of a durable power of attorney for health care decisions without knowledge of its invalidity shall be immune from liability that may be incurred or imposed from such action.
A durable power of attorney for health care decisions must be in substantially the statutory form.
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