Clear Money Guide
What this state guide covers
A quick view of the questions, practical details and source notes below.
Comparison tables scroll horizontally on smaller screens.
Updated August 3, 2026. Quick answer: Kansas calls this instrument declaration (Natural Death Act), durable power of attorney for health care decisions. To execute it you need 2 witnesses — and the state requires witnesses OR a notary — either one. Getting that conjunction wrong is the most common way a directive fails when it is needed. The witness step is not the only requirement: K.S.A. 65-28,103(a) lists three things ahead of it — the declaration must be in writing, signed and dated.
Source note. The statute text below comes from a codified reproduction of the state code rather than the state’s own site, because the official host could not be reached. The section number and wording are the state’s; confirm against your state’s own publication before executing.
The execution box
| What the state calls it | declaration (Natural Death Act), durable power of attorney for health care decisions |
|---|---|
| Witnesses required | 2 |
| Witnesses or notary? | witnesses OR a notary — either one |
| Also required | Under K.S.A. 65-28,103(a) the declaration must also be in writing, signed by the person making it (or by another in the declarant’s presence and at the declarant’s expressed direction), and dated. The statutory durable-power form at K.S.A. 58-632 likewise carries an execution line to be dated and signed by the principal. |
| Who may NOT witness | A witness may not be the person who signed the declaration on the declarant’s behalf, may not be related to the declarant by blood or marriage, may not be entitled to any portion of the declarant’s estate under intestate succession or under any will or codicil, and may not be directly financially responsible for the declarant’s medical care. (Durable power of attorney witnesses additionally may not be the named agent.) |
| If you are in a care facility | No special rule found in the text we read |
| Authority | K.S.A. 65-28,103 (Natural Death Act); K.S.A. 58-632 (durable power of attorney for health care decisions) |
What the statute says
The declaration made pursuant to this act shall be: (1) In writing; (2) signed by the person making the declaration, or by another person in the declarant’s presence and by the declarant’s expressed direction; (3) dated; and (4)(A) signed in the presence of two or more witnesses at least 18 years of age neither of whom shall be the person who signed the declaration on behalf of and at the direction of the person making the declaration, related to the declarant by blood or marriage, entitled to any portion of the estate of the declarant according to the laws of intestate succession of this state or under any will of the declarant or codicil thereto, or directly financially responsible for declarant’s medical care; or (B) acknowledged before a notary public
— K.S.A. 65-28,103 (Natural Death Act); K.S.A. 58-632 (durable power of attorney for health care decisions)
The form
We did not find an official state form. That does not mean none exists. A directive does not require a state form to be valid, provided it is executed as the statute requires.
Why the witness rules matter more than the wording
People spend their effort on what the directive says and almost none on how it is signed. A directive that expresses your wishes perfectly but was witnessed by someone the statute disqualifies may not be honoured. The disqualification lists exist because the people most likely to be in the room — family, the treating doctor, facility staff — are the people with an interest in the outcome.
Two practical consequences. Ask who is signing before the appointment, not during it. And if you are already in a hospital or care facility, check the facility rule row above — several states add a requirement that applies only to patients and residents, and it is the one nobody mentions.
This is the medical instrument, not the financial one
A financial power of attorney is a different document with different execution rules. Having one does not give anyone authority over your medical care, and having this one gives nobody authority over your money. Most people need both, and they are executed separately.
What could not be verified
Sourced via a third-party source mirror for both statutes; official kslegislature.org was not reached (not attempted after a third-party source succeeded, given time budget). Kansas has two parallel instruments with separately codified witness rules that were cross-checked and are consistent (both allow witnesses OR notary).
Related: all states compared · living will versus healthcare proxy · what it costs.
General information drawn from state statutes and official state materials, not legal or medical advice. Advance-directive law is STATE law and the execution requirements differ in ways that decide whether a document works: some states require witnesses AND a notary, some accept either, and the list of people who may not witness varies. A directive executed the wrong way may not be honoured when it matters. Many states publish a free official form – you should not have to buy one.