Kansas Statutes
Article 6 - Powers And Letters Of Attorney
58-651 Definitions.

58-651. Definitions. 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.
(c) "Disabled" means a person who is wholly or partially disabled as defined in K.S.A. 77-201, and amendments thereto, or a similar law of the place having jurisdiction of the person whose capacity is in question.
(d) "Durable power of attorney" means a written power of attorney in which the authority of the attorney in fact does not terminate in the event the principal becomes disabled or in the event of later uncertainty as to whether the principal is dead or alive and which complies with subsection (a) of K.S.A. 58-652, and amendments thereto, or is durable under the laws of any of the following places:
(1) The law of the place where executed;
(2) the law of the place of the residence of the principal when executed; or
(3) the law of a place designated in the written power of attorney if that place has a reasonable relationship to the purpose of the instrument.
(e) "Legal representative" means a decedent's personal representative, a guardian or a conservator.
(f) "Nondurable power of attorney" means a written power of attorney which does not meet the requirements of a durable power of attorney.
(g) "Person" means an adult individual, corporation or other legal entity.
(h) "Personal representative" means a legal representative as defined in K.S.A. 59-102, and amendments thereto.
(i) "Power of attorney" means a written power of attorney, either durable or nondurable.
(j) "Principal's family" means the principal's parent, grandparent, uncle, aunt, brother, sister, son, daughter, grandson, granddaughter and their descendants, whether of the whole blood or the half blood, or by adoption, and the principal's spouse, stepparent and stepchild.
(k) "Third person" means any individual, corporation or legal entity that acts on a request from, contracts with, relies on or otherwise deals with an attorney in fact pursuant to authority granted by a principal in a power of attorney and includes a partnership, either general or limited, governmental agency, financial institution, issuer of securities, transfer agent, securities or commodities broker, real estate broker, title insurance company, insurance company, benefit plan, legal representative, custodian or trustee.
History: L. 2003, ch. 58, ยง 2; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 58 - Personal And Real Property

Article 6 - Powers And Letters Of Attorney

58-625 Durable power of attorney for health care decisions; meaning.

58-626 Same; acts of agent during disability or incapacity of principal.

58-627 Same; power of court-appointed guardian; principal authorized to nominate conservator or guardian; court appointment.

58-628 Same; effect of voluntary revocation by principal; actual knowledge required.

58-629 Same; authority of agent; limitations on agent's power; persons not to be designated as agents; witnesses and acknowledgment; effect of death of principal.

58-630 Same; effect if valid under laws of state of principal's residence; acts by agent in this state.

58-631 Same; durable power of attorney executed before July 1, 1989, not affected by this act.

58-632 Same; form.

58-650 Title of act.

58-651 Definitions.

58-652 Effectiveness of power of attorney; recording; revocation; attorney in fact.

58-653 Appointment of multiple attorneys in fact; qualifications; persons disqualified.

58-654 General powers.

58-655 Indication of capacity as attorney in fact; property and accounts separate.

58-656 Duties of attorney in fact; relation of attorney in fact to court-appointed fiduciary; death of principal.

58-657 Modification, termination or suspension of power of attorney; successor attorney; resignation of attorney.

58-658 Exemption of third persons from liability.

58-659 Termination of power of attorney; liability between principal and third persons.

58-660 Delegation of powers; successor attorneys in fact; court appointments.

58-661 Compensation of attorney in fact.

58-662 Accounting; determination of disability; modification, termination or removal of attorney in fact; limitations for principal to bring actions.

58-663 Application of law.

58-664 Effect of repealed statutes on existing powers of attorney.

58-665 Adoption by reference.