what does a medical power of attorney do in kansas?

A Kansas medical power of attorney form allows a patient to select someone else to make health decisions when they cannot do so themselves. The agent will have specific rights and decision-making powers that must be done to the patient’s benefit. If a living will is completed, both forms should be attached to one another.

Full Answer

What kind of power of attorney do I need for health care?

This pamphlet includes a Durable Power of Attorney for Health Care Decisions and a General Durable Power of Attorney. The health care document is based on the statutory form in K.S.A. 58-632, resulting in little variability between the needs of different persons.

Can a durable power of attorney force you to do anything?

Yes. K.S.A. 58-654 (g) (3) provides that your Attorney in Fact cannot force to you take or abstain from any action against your will. You may also specifically limit the powers that are delegated. In addition, you can terminate your Durable Power of Attorney at any time.

What is the difference between a living will and power of attorney?

A power of attorney document allows other people to make medical or financial decisions, and a living will provides specific guidance regarding your final wishes in the event you are unresponsive and suffer from a terminal condition. It is generally advisable to have both a living will and a power of attorney document.

What is the role of the attorney in fact?

Regarding health care decisions, the Attorney in Fact will determine all of your health care needs at such time that you are not able to make these decisions. For example, you could be in a comatose state that does not meet the definition of "terminal” covered in your living will.

What is a financial durable power of attorney?

One type of power of attorney is the financial durable power of attorney, which allows your designated representative to do various financial activities for you, such as write checks for you or collect payments for leasing farmland. The table below doesn’t describe the law for this type of power of attorney.

Who is immune from liability for a power of attorney?

A person, such as an agent or medical records specialist, who acts in good faith pursuant to a power of attorney for health care without knowing it’s invalid is immune from liability for that action.

When do the powers of a principal come into effect?

These powers only come into effect upon the principal’s incapacity, unless specifically written to come into effect earlier. The powers also continue after the death of the principal, at least as to arranging for organ donation, autopsy, or burial or cremation of the body.

Can a power of attorney revoke a living will?

The creator of the power of attorney can limit the extent in writing these powers. Also, these powers specifically don’t include the ability to create or revoke a living will.

Can you designate an attorney in fact?

Fortunately, state laws allow people to designate an “ agent” or “ attorney-in-fact ” to make different decisions for us. The legal document that provides the power to act on the document creator’s behalf is a durable power of attorney.

What is a medical power of attorney in Kansas?

A Kansas (KS) medical power of attorney (MPOA) is a form that gives an appointed representative (called your “agent”) the right to make health care decisions for you if you become incapacitated. This document is also called a Kansas Durable Power of Attorney for Health Care.

Can you name an alternate agent in Kansas?

Yes. Kansas law allows you to name an alternative agent. The person you choose as an alternate must follow the same legal regulations as your initial agent.

Can you limit your agent's powers?

Can you limit your agent’s powers? Yes, you can limit your agent’s powers. Your agent is limited to decisions regarding end-of-life care or your continued medical treatment if you become incapacitated. You can specifically choose what kinds of decisions you want your agent to decide on by putting them in writing in your Kansas medical power ...

Can you specify an end date on a power of attorney?

You can also specify an end date in your medical power of attorney form.

Can a medical power of attorney make decisions for you?

Unless you state otherwise in your medical power of attorney document, your agent can start making decisions for you only after your doctor states that you’re incapable of making those decisions yourself. Relevant Law: Kansas Statutes §58-652.

What is Durable Power of Attorney for Health Care in Kansas?

Durable Power of Attorney for Health Care in Kansas is designed to acquaint the reader with certain legal information about end-of-life issues. It is not designed as a substitute for legal advice, nor does it tell everything one needs to know about end-of-life issues. Future changes in the law cannot be predicted, and statements in this program are based solely on the laws in force on the date of publication. If readers have specific questions, they should seek professional advice. A resource listing of attorneys by state can be provided by the specific State Bar Association. You can locate your state bar association at http://www.abanet.org/barserv/stlobar.html.

What is a durable power of attorney?

durable power of attorney for health care is one type of advance directive. With this document, you name the person you authorize to make your health care decisions for you. It is usually made effective when you are not capable of making decisions for yourself. It is important that you communicate your wishes for health care to your appointed representative.

What is a Durable Power of Attorney?

A Durable Power of Attorney is a document that provides authority to another person to make financial and/or health care decisions on your behalf. The person that you designate is generally referred to as the "Attorney in Fact” or as your agent.

What does an attorney in fact do?

Regarding health care decisions, the Attorney in Fact will determine all of your health care needs at such time that you are not able to make these decisions. For example, you could be in a comatose state that does not meet the definition of "terminal” covered in your living will.

Who should I choose to be my Attorney-in-Fact?

Everyone’s family and social situation is different, and the determination of an Attorney in Fact must be case-by-case. However, there are a few considerations that are paramount in nearly all cases: trust, capability, and location.

When is it advisable to appoint an alternate attorney in fact?

It is advisable to appoint an alternate Attorney in Fact, in case the primary is deceased or unavailable to make an important, imminent decision.

Why is location important in an attorney in fact?

Location is also important in most cases, because it is much easier to discuss finances, visit banks, pay bills, meet with nurses at a care home, etc., when your Attorney in Fact lives in the same city.

What is a power of attorney in Kansas?

As used in the Kansas power of attorney act: (a) “Attorney in fact” means an individual, corporation or other legal entity appointed to act as agent of a principal in a written power of attorney. (b) “Court” means the district court.

What is effective power of attorney?

Effectiveness of power of attorney; recording; revocation; attorney in fact. (a) The authority granted by a principal to an attorney in fact in a written power of attorney is not terminated in the event the principal becomes who lly or partially disabled or in the event of later uncertainty as to whether the principal is dead or alive if: ...

What happens if a power of attorney is not recorded?

If a power of attorney is not recorded it may be revoked by a recorded revocation or in any other appropriate manner. (4) If a power of attorney requires notice of revocation be given to named persons, those persons may continue to rely on the authority set forth in the power of attorney until such notice is received.

What powers does a principal have?

(a) A principal may delegate to an attorney in fact in a power of attorney general powers to act in a fiduciary capacity on the principal’s behalf with respect to all lawful subjects and purposes or with respect to one or more express subjects or purposes.

Can a power of attorney grant power to an attorney?

Any power of attorney may grant power or authority to an attorney in fact to carry out any of the following actions if the actions are expressly authorized in the power of attorney: (2) to fund with the principal’s assets any trust not created by the principal;

Can a certified copy of a power of attorney be used as evidence?

A certified copy of a recorded power of attorney may be admitted into evidence. (3) 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.

Can a principal appoint more than one attorney in fact?

(a) A principal may appoint more than one attorney in fact in one or more powers of attorney and may provide that the authority conferred on two or more attorneys in fact shall or may be exercised either jointly or severally or in a manner, with such priority and with respect to such subjects as is provided in the power of attorney. In the absence of specification in a power of attorney, the attorneys in fact must act jointly.

Establishing a Power of Attorney

A power of attorney is created when the principal – person giving power to someone else – signs a document that meets the appropriate legal requirements to allow someone else – called the agent or attorney in fact – to accomplish specific tasks on behalf of the principal.

Types of Powers of Attorney

Kansas allows both durable and nondurable powers of attorney. A nondurable power of attorney expires when the principal becomes disabled or there is uncertainty about whether the principal is dead or alive; a durable power of attorney does not.

Naming an Agent

The agent can begin acting as soon as the power of attorney is signed unless the power of attorney specifies otherwise. An agent must have the legal capacity to act on behalf of the principal, but a principal can name more than one agent and can specify whether the agents must act together or can act separately.

Powers of an Agent

A power of attorney gives an agent certain powers, but it does not force the agent to act. To determine what powers you may have as an agent, look at the power of attorney itself. You cannot exercise powers not given to you in the document, and it may restrict some of the powers you are given.

Revocation

A power of attorney terminates as specified in the document, but it can be changed or revoked prior to termination. In Kansas, the principal can revoke the power of attorney by telling the agent, either orally or in writing, that he is terminating it.