Updated August 3, 2026. Quick answer: For a durable power of attorney, K.S.A. 58-652 requires the instrument to be denominated ‘durable power of attorney,’ signed and dated by the principal, and the principal’s signature acknowledged per the revised uniform law on notarial acts (K.S.A. 53-501 et seq.); no witnesses are required by statute.. This state has no statutory form. A power of attorney here must say it is durable, or it ends at incapacity — which is the moment it was written for.
| Execution | For a durable power of attorney, K.S.A. 58-652 requires the instrument to be denominated ‘durable power of attorney,’ signed and dated by the principal, and the principal’s signature acknowledged per the revised uniform law on notarial acts (K.S.A. 53-501 et seq.); no witnesses are required by statute. |
| Statutory form | No |
| Durability | Must say it is durable |
| Who may not witness | None stated (no witnesses required by statute). |
| Agent must accept in writing | No |
| Statute | K.S.A. 58-650 through 58-665 (Kansas Power of Attorney Act) |
What decides whether the document is valid
For a durable power of attorney, K.S.A. 58-652 requires the instrument to be denominated ‘durable power of attorney,’ signed and dated by the principal, and the principal’s signature acknowledged per the revised uniform law on notarial acts (K.S.A. 53-501 et seq.); no witnesses are required by statute. Get this wrong and the document is not merely weak — it may be void, and you will find out at the moment somebody needs to use it.
Who may not witness: None stated (no witnesses required by statute). This is the condition that most often fails in practice, because the people in the room are usually the people with an interest.
There is no statutory form
Kansas does not put a form in its statute, so there is nothing official to copy. The requirements above still govern whatever document you use.
Durability — the point most people get wrong
Here a power of attorney must state that it is durable. Without that language it ends exactly when incapacity begins — which is the situation it was almost certainly written for. This is the single most consequential drafting point in this state.
Why a springing power often fails when it is needed, and why durable is usually the better default.
If a bank refuses it
Kansas addresses this by statute: None found — K.S.A. 58-658 shields third persons who rely in good faith on a POA from liability, but no provision imposing a deadline or sanction compelling acceptance was located in K.S.A. 58-650 through 58-665.
What the form does not solve
- Social Security will not accept it. No power of attorney works there — a representative-payee application is the only route.
- It has to be signed while capacity is intact. The day that closes, the alternative is a court.
- Name a successor agent. A document whose only named agent has died or declined does nothing — how to choose when there is no obvious person.
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If the free form does not fit your situation
This state has no statutory form to copy, which is the case where a drafted document earns its keep. LawDepot builds a state-specific power of attorney executed under this state’s witnessing and notary rules. Where the estate is complex or a dispute is likely, see a lawyer instead.
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General information drawn from IRS, Medicare, HUD and state statute and regulation, not legal, tax or financial advice. Continuing-care law is state law and differs materially between states; every figure here is year-labelled and every source named. Powers of attorney, guardianship and trusts are governed by STATE law and differ materially between states. Execution requirements decide whether a document is VALID, so verify them against your own state’s current statute before signing anything. We are not a law firm and this is not legal advice.