58-659. Termination of power of attorney; liability between principal and third persons. (a) As between the principal and third persons, the authority granted in a power of attorney shall terminate on the date of termination, if any, set out in the power of attorney or on the date when the third person acquires actual knowledge of the death of the principal or that the authority granted in the power of attorney has been suspended, modified or terminated.
(b) As between the principal and third persons, the acts and transactions of an attorney in fact are binding on the principal and the principal's successors in interest in any situation in which a third person is entitled to rely under K.S.A. 58-658, and amendments thereto.
(c) This section shall not prohibit the principal, acting individually, and a third person from entering into a written agreement that sets forth their duties and liabilities as between themselves and their successors, and which expands or limits the application of this act, except that no agreement shall limit or restrict the right of the principal to act with respect to the third person through an attorney in fact appointed in a power of attorney.
History: L. 2003, ch. 58, ยง 10; July 1.
Structure 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.
58-628 Same; effect of voluntary revocation by principal; actual knowledge required.
58-631 Same; durable power of attorney executed before July 1, 1989, not affected by this act.
58-652 Effectiveness of power of attorney; recording; revocation; attorney in fact.
58-653 Appointment of multiple attorneys in fact; qualifications; persons disqualified.
58-655 Indication of capacity as attorney in fact; property and accounts separate.
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.
58-664 Effect of repealed statutes on existing powers of attorney.