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Power of Attorney in Kansas: Durability, the Notary Rule and How to Get One
A Kansas power of attorney is durable only if it says so in the right words and is signed, dated and notarized. Here is what the Kansas power of attorney act requires and how it works.
By naveen · Updated · How we research our guides
What to know
- A Kansas power of attorney survives your parent's disability only if it's called a "durable power of attorney," includes durability wording, and is signed, dated and acknowledged before a notary (K.S.A. 58-652).
- The act's sections we read don't require witnesses.
- A third person, such as a bank, "shall accept" a notarized power of attorney unless one of the listed exceptions applies, but the statute sets no deadline in days (K.S.A. 58-658).
- If your parent names two agents and doesn't say otherwise, they "must act jointly."
- Retirement Checklist turns your parent's situation into a short, ordered plan, so the power of attorney sits in the right place among everything else.
A Kansas power of attorney lets your parent name an agent to act for them, and it keeps working through disability only if it's labeled durable, includes durability wording, and is signed, dated and notarized. Under K.S.A. 58-652, durability requires all three: the document is denominated a "durable power of attorney," it includes durability wording, and it "is signed by the principal, and dated and acknowledged in the manner prescribed by the revised uniform law on notarial acts." Under K.S.A. 58-657, a power of attorney that misses those steps is suspended while your parent is disabled.
What is a durable power of attorney in Kansas?
It's a written power of attorney in which the agent's authority "does not terminate in the event the principal becomes disabled," under the Kansas power of attorney act, K.S.A. 58-650 through 58-665. Your parent is the principal, and the person they name is the "attorney in fact," the statute's word for agent.
The statute gives sample wording, such as: "This is a durable power of attorney and the authority of my attorney in fact shall not terminate if I become disabled or in the event of later uncertainty as to whether I am dead or alive." A power of attorney that doesn't meet those requirements is nondurable, and under K.S.A. 58-657 its authority is suspended while your parent is disabled. For why timing matters, see our guide to power of attorney for an elderly parent.
What does Kansas require for a power of attorney to be valid?
For a durable power of attorney, Kansas requires three things together: the durable label, durability wording, and your parent's signature, dated and acknowledged before a notary (K.S.A. 58-652(a)).
| Step | What the law says | Why it matters |
|---|---|---|
| Label | Called a "durable power of attorney" | One of three conditions for durability (58-652(a)) |
| Durability wording | A sentence stating in substance that it survives disability | One of three conditions for durability (58-652(a)) |
| Signature, date, notary | Signed by your parent, dated and acknowledged before a notary | Required for durability; triggers the bank-acceptance rule (58-658) |
| Witnesses | Not mentioned in the sections we read | No witness lines needed under the act |
If your parent is "physically unable to sign the power of attorney but otherwise competent and conscious," an adult designee can sign for them in their presence, at their direction expressed in front of a notary, and the document is then acknowledged. A notary can't notarize a record in which the notary or the notary's spouse is a party or has a direct financial or beneficial interest (K.S.A. 53-5a25).
Is there an official Kansas power of attorney form?
Kansas law provides for one: K.S.A. 58-652(f) directs the Kansas Judicial Council to develop a form, and a power of attorney signed on or after July 1, 2021 "shall be deemed sufficient if in substantial compliance with the form set forth by the judicial council." Using it is optional; a document drafted for your parent's situation also works if it meets the durability requirements.
Some powers need to be spelled out. Under K.S.A. 58-654, an agent can carry out certain actions "only if the actions are expressly enumerated and authorized in the power of attorney," including creating or changing trusts, making gifts, changing survivorship interests or beneficiary designations, naming successor agents, and paying funeral expenses.
The family home has its own rule. An agent can consent to selling or mortgaging your parent's homestead only if your parent's spouse also consents in a signed, acknowledged writing and the power of attorney describes the property by its legal description and street address.
What can't a Kansas power of attorney do?
Under K.S.A. 58-654(g), no power of attorney can give an agent authority "To make, publish, declare, amend or revoke a will for the principal," or to make, change or revoke your parent's living will, do not resuscitate directive or durable power of attorney for health care decisions. Kansas handles health care decisions through a separate document; see our Kansas medical power of attorney guide.
The agent also can't "require the principal, against the principal's will, to take any action or to refrain from taking any action."
When does it take effect, and when does it end?
Your parent decides both: under K.S.A. 58-652(e), the document can make the agent's authority start on a future date, event or condition, and under K.S.A. 58-657 it ends on your parent's death, a date the document sets, or revocation. That delayed start applies only "if such writing expressly so provides." Anyone shown the document can rely on the agent's affidavit that the event has happened, absent actual knowledge to the contrary.
Under K.S.A. 58-657, revocation includes your parent telling the agent "orally or in writing" that it's terminated. Divorce matters: the authority of a spouse who is the agent ends "on the filing of any action for annulment, separate maintenance or divorce," unless the document provides otherwise. That's the filing, not the final decree.
If a court later appoints a conservator over all of your parent's property, the agent "is accountable to the fiduciary as well as to the principal," and the conservator can revoke or amend the power of attorney (K.S.A. 58-656).
What does the agent have to do?
Under K.S.A. 58-656, an agent who acts "has a fiduciary obligation to exercise the powers conferred in the best interests of the principal, and to avoid self-dealing and conflicts of interest." The agent "shall keep a record of receipts, disbursements and transactions made on behalf of the principal" and can't commingle your parent's money with their own. Without explicit authorization, the agent must take a high degree of care to keep your parent's estate plan, including beneficiary designations and joint ownership, unchanged.
The agent also has a duty "to keep in regular contact with the principal," to communicate with your parent and to follow their instructions. If your parent is disabled or has died, an adult family member can petition the court for an accounting (K.S.A. 58-662). Our guide to protecting a parent from scams covers the warning signs any agent should know.
Do banks have to accept a Kansas power of attorney?
Yes, if it's notarized, unless one of the statute's exceptions applies. Under K.S.A. 58-658, "A third person shall accept a power of attorney acknowledged in the manner prescribed by K.S.A. 53-501 et seq., and amendments thereto, unless" an exception applies, such as actual knowledge that it was terminated, a good-faith belief that it isn't valid, or a report of suspected abuse or exploitation. A third person "may not require an additional or different form of power of attorney."
This section sets no deadline in days. A bank may ask for the agent's certification under penalty of perjury, an opinion of counsel, or an indemnity against forgery. A wrongful refusal can bring a court order mandating acceptance, and attorney fees if the court finds the third person didn't act in good faith.
Does a Kansas power of attorney need to be recorded?
Not to be valid. Under K.S.A. 58-652(c), "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." It "may be recorded in the same manner as a conveyance of land is recorded."
Recording has a consequence: "If a power of attorney is recorded any revocation of that power of attorney must be recorded in the same manner for the revocation to be effective." For real estate, the act also excludes recording from the matters a third person needn't check, "except as to transactions affecting real estate."
How do you get a power of attorney for an elderly parent in Kansas?
Your parent makes it, by signing, dating and acknowledging a durable power of attorney before a notary while able to. The steps:
- Talk with your parent about who they'd want acting for them, and who should succeed them.
- Choose a document: the Judicial Council's form, or one drafted for your parent's situation.
- Check that it's labeled a durable power of attorney and includes durability wording.
- Go through the powers with your parent, including gifts, beneficiary changes or the homestead, which need an express grant.
- Your parent signs and dates it and acknowledges it before a notary.
- Give the agent a copy and keep the original somewhere safe.
Timing matters because your parent has to be able to sign. If that moment has passed, the family may need a court process instead, described in conservatorship and guardianship. Because durability depends on getting the wording right, it helps to know what an elder law attorney does.
How do you revoke a power of attorney in Kansas?
Under K.S.A. 58-657, your parent can end it by telling the agent, "orally or in writing," or by filing a written notice of termination with the register of deeds in the county where they live. If the power of attorney was recorded, the revocation must be recorded too.
Banks and others are bound by the termination once they have actual knowledge of it (K.S.A. 58-659), so a written, dated revocation sent to the agent and every institution holding a copy leaves a clear record.
How much does a power of attorney cost in Kansas?
The Kansas sources we read set no filing fee to make one and no dollar cap on the notary's fee; the Kansas Secretary of State's notary handbook says "State law does not prohibit a notary from charging a fee for a notarial act," and that a notary who charges must disclose it in advance, tell the signer a fee "is permitted but is not required by state law or regulation," and record it in the journal.
Frequently asked questions
Does a power of attorney need to be notarized in Kansas?
For a durable one, yes. K.S.A. 58-652 makes a power of attorney durable only if it's signed by your parent, dated and acknowledged before a notary, along with the durable label and wording. Notarizing also triggers the rule that a third person shall accept it. The act's sections we read don't require witnesses.
Is a Kansas power of attorney durable automatically?
No. Kansas requires three things: the document is called a "durable power of attorney," it includes wording that the agent's authority survives disability, and it's signed, dated and acknowledged before a notary. A power of attorney that misses these is nondurable, and the agent's authority is suspended while your parent is disabled.
Where can I get a Kansas power of attorney form?
K.S.A. 58-652(f) directs the Kansas Judicial Council to develop a form, and a power of attorney signed on or after July 1, 2021 that substantially complies with it is deemed sufficient. Using it is optional. Whatever the source, check that it has the durable label and wording, and that your parent signs it before a notary.
Can a Kansas financial power of attorney make medical decisions?
Kansas uses a separate durable power of attorney for health care decisions under K.S.A. 58-625 to 58-632. A financial power of attorney can't be used to make, change or revoke that document, a living will or a do not resuscitate directive. Our Kansas medical power of attorney guide explains the health care documents and their signing rules.
Is a power of attorney from another state valid in Kansas?
Yes, if it was durable where it was signed. Under K.S.A. 58-663, one made under another state's durable power of attorney law is governed by that state's law and, if durable where executed, "is durable and may be carried out and enforced in this state." A nonresident's document can authorize acts allowed by the most favorable of the relevant states' laws.
What if my elderly parent can no longer sign?
If your parent is competent and conscious but physically unable to sign, an adult can sign for them in their presence, at their direction expressed before a notary. If your parent can no longer make the decision, a court guardianship or conservatorship may be the remaining route, described in our conservatorship guide.
Getting started
A power of attorney is time-sensitive, because it needs your parent's signature while they can still give it, and in Kansas the durable label, the durability wording and a notary are what keep it working if your parent becomes disabled. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- K.S.A. 58-652, Effectiveness of power of attorney: durability, signing and notarization, the Judicial Council form, springing powers and recording; Kansas Office of Revisor of Statutes.
- K.S.A. 58-654, General powers: powers that need an express grant, the homestead rule, and what a power of attorney can't do.
- K.S.A. 58-656, Duties of attorney in fact: fiduciary duties and record-keeping.
- K.S.A. 58-657, Modification, termination or suspension: revocation, divorce and death.
- K.S.A. 58-658, Exemption of third persons from liability: the duty to accept a notarized power of attorney and its exceptions.
- K.S.A. 58-663, Application of law: powers of attorney from other states.
- Kansas Secretary of State, Notary Handbook: notary fee rules.
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