Financial Power of Attorney - Kansas

KANSAS DURABLE FINANCIAL POWER OF ATTORNEY

Important Information for the Principal

This document authorizes another person, your Attorney in Fact, to act for you concerning only the financial subjects you initial. Kansas general powers can be extremely broad. Under K.S.A. 58-654(c), the grant for an initialed express subject may include every action an adult who is not disabled could carry out through a specifically authorized agent concerning that subject, except actions requiring additional express language or prohibited by law.

This is a custom financial instrument. It is not the Kansas Judicial Council's copyrighted form. Kansas law provides that a power executed on or after July 1, 2021, is deemed sufficient if it substantially complies with the Judicial Council form. A Kansas lawyer should compare this instrument with the current Judicial Council form before use.

This document grants no health-care authority. It contains no arbitration requirement, exclusive-forum term, pre-dispute jury waiver, Principal indemnity for the Attorney in Fact's conduct, liability cap, mandatory insurance term, invented cure period, or fixed accounting deadline.

1. Principal and Attorney in Fact

I, [PRINCIPAL NAME], of [PRINCIPAL ADDRESS], appoint:

Attorney in Fact: [ATTORNEY IN FACT NAME]

Address: [ADDRESS]

Telephone: [TELEPHONE]

to act for me under this durable power of attorney.

2. Successor Attorneys in Fact

If the Attorney in Fact named above resigns, dies, becomes disabled, is not qualified, or refuses to act, I appoint:

First Successor: [NAME, ADDRESS, TELEPHONE]

If that person does not serve or ceases to serve, I appoint:

Second Successor: [NAME, ADDRESS, TELEPHONE]

Only one Attorney in Fact serves at a time. If co-attorneys are added in Section 7, state whether they act jointly or severally. Without a specification, K.S.A. 58-653 requires multiple attorneys in fact to act jointly.

3. Statutory Durability Statement

This is a durable power of attorney and the authority of my Attorney in Fact shall not terminate if I become disabled or in the event of later uncertainty as to whether I am dead or alive.

This statement is included to satisfy K.S.A. 58-652(a). The power must also be signed, dated, and acknowledged as provided in Section 11.

4. Effective Date

Choose one:

☐ This power is effective immediately when properly executed.

☐ This power becomes effective on [DATE].

☐ This power becomes effective upon this future event or condition: [EVENT OR CONDITION].

For a future event or condition, identify the evidence required and the person authorized to determine that it occurred:

[____________________________________________________________]

K.S.A. 58-652(e) permits a specified future date, event, or condition. In the absence of actual knowledge to the contrary, a person presented with the power may rely on the Attorney in Fact's affidavit that the event occurred or condition exists.

5. General Powers Limited to Initialed Subjects

I grant my Attorney in Fact general powers in a fiduciary capacity only with respect to each express subject I initial below. I do not grant general powers concerning all lawful subjects and purposes. An uninitialed subject is withheld.

The Attorney in Fact may execute documents and take actions within an initialed subject only as permitted by K.S.A. 58-654 and this instrument.

6. Powers Requiring Precise Express Authorization

No action described in K.S.A. 58-654(f) is granted merely by an initial in Section 5. This includes high-impact actions involving gifts, disclaimers, powers of appointment, trusts, survivorship or beneficiary arrangements, and other transfers that can change my estate plan. K.S.A. 58-660 also requires express authorization before the Attorney in Fact may delegate powers.

Initial only an authority that a Kansas lawyer has precisely described below, including the property, recipient or beneficiary, amount, frequency, purpose, governing instrument, and every applicable limit:

Nothing in this instrument authorizes an action prohibited by K.S.A. 58-654(g), including making, publishing, declaring, amending, or revoking my will.

7. Special Instructions and Limitations

[____________________________________________________________]

[____________________________________________________________]

[____________________________________________________________]

[____________________________________________________________]

8. Duties, Records, and Estate-Plan Protection

An Attorney in Fact who elects to act must act in my interest, avoid conflicts that impair that ability, exercise authority in a fiduciary capacity for my best interests, avoid self-dealing, keep records of receipts, disbursements, and transactions, and keep my funds and assets separate from the Attorney in Fact's funds and assets. See K.S.A. 58-655 and 58-656.

Unless this instrument or a separate agreement provides otherwise, the Attorney in Fact must use the care a prudent person would use when dealing with another person's property and affairs. Investments are subject to the Kansas Uniform Prudent Investor Act. Special skills or expertise relied upon in the appointment must be used for my benefit.

Without explicit authorization, the Attorney in Fact must exercise a high degree of care to maintain my existing estate plan without modification, including beneficiary designations, joint or entireties ownership, trusts, wills, and codicils. The precise language of this instrument controls; general authority does not substitute for the express authorization required by K.S.A. 58-654(f).

9. Compensation, Reimbursement, and Accounting

Choose one:

☐ The Attorney in Fact may receive reasonable compensation and reimbursement of reasonable expenses under K.S.A. 58-661.

☐ The Attorney in Fact shall serve without compensation but may receive reimbursement of reasonable expenses.

☐ Compensation and reimbursement are limited as follows: [TERMS].

K.S.A. 58-662 permits the Principal and specified persons to petition the district court for an accounting. This instrument does not impose an automatic annual accounting, a 30-day production deadline, or a 10-day cure period in place of the statute and a court's orders.

10. Modification, Termination, Divorce, and Court-Appointed Fiduciaries

As between me and the Attorney in Fact or a successor, K.S.A. 58-657 permits modification or termination on the date and terms stated in this instrument, when I orally or in writing inform the Attorney in Fact, or through the statutory recording procedure. A third person's notice and good-faith reliance are governed by K.S.A. 58-657 to 58-659.

This power generally terminates at my death, subject to the limited post-death authorities identified in K.S.A. 58-657(b)(1) if they were expressly granted. Unless Section 7 states otherwise, authority also terminates upon filing an action for annulment, separate maintenance, or divorce between me and an Attorney in Fact who is or was my spouse as described in K.S.A. 58-657(b)(3).

If a court appoints a conservator, guardian of the estate, or other fiduciary charged with managing the covered property, the Attorney in Fact is accountable to that fiduciary as well as to me. Under K.S.A. 58-656(c), the fiduciary has the same power to revoke or amend this durable power that I would have if not impaired.

11. Signature, Date, and Acknowledgment

K.S.A. 58-652 requires this durable power to be signed by the Principal, dated, and acknowledged under the Revised Uniform Law on Notarial Acts. If the Principal is competent and conscious but physically unable to sign, an adult designee may sign the Principal's name in the Principal's presence and at the Principal's specific direction expressed in the notary's presence.

Principal Signs

Principal's Signature: ______________________________________

Printed Name: [PRINCIPAL NAME]

Date: [__/__/____]

Adult Designee Signs at Principal's Direction (Use Only If Applicable)

At the specific direction of [PRINCIPAL NAME], expressed in the Principal's presence and in the presence of the notary public, I signed the Principal's name while the Principal was competent and conscious but physically unable to sign.

Principal's Name Signed: ______________________________________

Adult Designee's Signature: ______________________________________

Printed Name: [ADULT DESIGNEE NAME]

Date: [__/__/____]

Notarial Acknowledgment

State of Kansas

County of [COUNTY]

This instrument was acknowledged before me on [DATE] by [PRINCIPAL NAME] [and, if applicable, by ADULT DESIGNEE NAME, who signed at the Principal's specific direction in the Principal's presence].

Notary Public's Signature: ______________________________________

Printed Name: [NOTARY NAME]

Commission Expiration: [DATE]

Seal

Important Information for the Attorney in Fact

You are a fiduciary. Act only within an initialed subject and within every express limit. Keep the Principal's assets separate, maintain complete transaction records, avoid self-dealing and disabling conflicts, use prudent care, and protect the Principal's estate plan unless this instrument gives precise contrary authority.

Do not make gifts, alter a trust, change a beneficiary or survivorship arrangement, delegate authority, or perform another K.S.A. 58-654(f) action unless this instrument expressly and precisely grants that action and the proposed act is consistent with every governing instrument and applicable law.

When signing for the Principal, disclose the representative capacity, for example:

[PRINCIPAL NAME], by [ATTORNEY IN FACT NAME], Attorney in Fact

If you do not understand your authority or duties, obtain advice from a Kansas lawyer before acting.

Sources and References

• Kansas Legislature, 2026 Kansas Statutes, Article 6: https://www.kslegislature.gov/b2025_26/laws/058_000_0000_chapter/058_006_0000_article/
• Kansas Legislature, K.S.A. 58-652: https://www.kslegislature.gov/b2025_26/laws/058_000_0000_chapter/058_006_0000_article/058_006_0052_section/058_006_0052_k/
• Kansas Legislature, K.S.A. 58-654: https://www.kslegislature.gov/b2025_26/laws/058_000_0000_chapter/058_006_0000_article/058_006_0054_section/058_006_0054_k/
• Kansas Office of Revisor of Statutes, K.S.A. 58-656: https://ksrevisor.gov/statutes/chapters/ch58/058_006_0056.html
• Kansas Legislature, K.S.A. 58-657: https://www.kslegislature.gov/b2025_26/laws/058_000_0000_chapter/058_006_0000_article/058_006_0057_section/058_006_0057_k/
• Kansas Legislature, K.S.A. 58-660: https://www.kslegislature.gov/b2025_26/laws/058_000_0000_chapter/058_006_0000_article/058_006_0060_section/058_006_0060_k/
• Kansas Legislature, K.S.A. 58-661: https://www.kslegislature.gov/b2025_26/laws/058_000_0000_chapter/058_006_0000_article/058_006_0061_section/058_006_0061_k/
• Kansas Legislature, K.S.A. 58-662: https://www.kslegislature.gov/b2025_26/laws/058_000_0000_chapter/058_006_0000_article/058_006_0062_section/058_006_0062_k/
• Kansas Judicial Council, current power-of-attorney forms: https://www.kjc.ks.gov/legal-forms/power-of-attorney
• Kansas Court of Appeals, Pfannenstiel v. Pfannenstiel, No. 127,083 (Mar. 6, 2026): https://searchdro.kscourts.gov/documents/pdf/caseDecisions/9b490289-57de-410c-88db-cbfc3568af0e_127083.pdf