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Kansas Advance Directive Form

A Kansas advance directive is a form by which a principal designates another person to make their healthcare decisions. In Kansas, the legal authority bestowed by the directive is valid whether or not the principal is disabled or incapacitated. It becomes particularly useful in situations of emergency, such as serious illness.

Signing Requirements (§ 58-632§ 65-28,103) – Two (2) witnesses or a notary public.

Statutory Form

DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS GENERAL STATEMENT OF AUTHORITY GRANTED

I, [NAME], designate and appoint:

Name [NAME]

Address: [ADDRESS, CITY, STATE, ZIP CODE]

Telephone Number: [PHONE NUMBER]

to be my agent for health care decisions and pursuant to the language stated below, on my behalf to:

(1)Consent, refuse consent, or withdraw consent to any care, treatment, service or procedure to maintain, diagnose or treat a physical or mental condition, and to make decisions about organ donation, autopsy and disposition of the body;

(2)make all necessary arrangements at any hospital, psychiatric hospital or psychiatric treatment facility, hospice, nursing home or similar institution; to employ or discharge health care personnel to include physicians, psychiatrists, psychologists, dentists, nurses, therapists or any other person who is licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care as the agent shall deem necessary for my physical, mental and emotional well being; and

(3)request, receive and review any information, verbal or written, regarding my personal affairs or physical or mental health including medical and hospital records and to execute any releases of other documents that may be required in order to obtain such information.

In exercising the grant of authority set forth above my agent for health care decisions shall:

[SPECIAL INSTRUCTIONS OR STATEMENT OF DESIRES]

LIMITATIONS OF AUTHORITY

The powers of the agent herein shall be limited to the extent set out in writing in this durable power of attorney for health care decisions, and shall not include the power to revoke or invalidate any previously existing declaration made in accordance with the natural death act.

EFFECTIVE TIME

This power of attorney for health care decisions shall become effective immediately and shall not be affected by my subsequent disability or incapacity or upon the occurrence of my disability or incapacity.

REVOCATION

Any durable power of attorney for health care decisions I have previously made is hereby revoked.

(This durable power of attorney for health care decisions shall be revoked by an instrument in writing executed, witnessed or acknowledged in the same manner as required herein or set out another manner of revocation, if desired.)

EXECUTION

Executed this [DAY] day of [MONTH], 20[XX], at [ADDRESS, CITY, ZIP CODE], Kansas.

______________________________ Principal  

This document must be: (1) Witnessed by two individuals of lawful age who are not the agent, not related to the principal by blood, marriage or adoption, not entitled to any portion of principal’s estate and not financially responsible for principal’s health care; OR (2) acknowledged by a notary public.

______________________________        

Witness                        

[ADDRESS, CITY, STATE, ZIP CODE]

______________________________        

Witness                        

[ADDRESS, CITY, STATE, ZIP CODE]