DURABLE POWER OF ATTORNEY
OF [[Principal Full Legal Name]]
I, [[Principal Full Legal Name]], of [[Principal Street Address, City, County, Kansas, ZIP Code]], born on [[Principal Date of Birth]], hereby appoint as my Attorney-in-Fact (Agent):
Primary Agent
[[Agent Full Legal Name]]
Address: [[Agent Address, City, State, ZIP]]
Phone: [[Agent Phone]]
Email: [[Agent Email]]
If the Primary Agent is unable, unwilling, disqualified, or unavailable to serve for any reason, I appoint the following Successor Agent(s) in order:
First Successor Agent
[[First Successor Agent Full Legal Name]]
Address: [[Address]] Phone: [[Phone]]
Second Successor Agent
[[Second Successor Agent Full Legal Name]]
Address: [[Address]] Phone: [[Phone]]
1. Durability. This is a Durable Power of Attorney under Kansas law. My Agent's authority shall not be affected by my subsequent disability, incapacity, or incompetence.
2. Effectiveness. This Power of Attorney shall become effective:
[ ] Immediately upon execution.
[ ] Upon written certification by a licensed physician that I am unable to manage my property and financial affairs due to incapacity.
3. Revocation. I reserve the right to revoke this Power of Attorney at any time by delivering written notice of revocation to my Agent(s) and to any third party who has received a copy. Revocation is effective upon receipt of notice.
GRANT OF POWERS
My Agent is authorized to do any and all acts that I could do if personally present, including without limitation the following:
Real Property. Buy, sell, lease, mortgage, encumber, manage, repair, improve, subdivide, grant easements, and execute all documents necessary to deal with any real property I own or may acquire.
Personal Property. Buy, sell, lease, pledge, exchange, maintain, repair, or dispose of any personal property, vehicles, equipment, household goods, or intangibles.
Financial Accounts and Banking. Open, close, and maintain bank, credit union, brokerage, and investment accounts; deposit and withdraw funds; write, endorse, and deposit checks; execute wire transfers and electronic payments; access safe deposit boxes.
Investments. Buy, sell, exchange, tender, vote, and manage stocks, bonds, mutual funds, securities, and other investments; hire and compensate investment advisors.
Business Interests. Continue, operate, sell, liquidate, or wind up any business I own; sign contracts, tax returns, and filings; hire and supervise personnel.
Taxes. Prepare, sign, and file all tax returns; pay taxes and receive refunds; represent me before the IRS, Kansas Department of Revenue, and other agencies; make elections and settle controversies.
Contracts and Legal Matters. Enter, modify, or terminate contracts; commence, defend, settle, or compromise any legal or administrative proceeding; hire attorneys, accountants, and other professionals.
Insurance. Purchase, maintain, modify, or terminate insurance policies; make claims and receive proceeds; change beneficiaries only if expressly authorized below.
Hot Powers (Express Grant). I specifically authorize my Agent to:
- Make gifts of my property (including to the Agent) in amounts not exceeding the annual federal gift tax exclusion (or greater amount if separately authorized in writing), consistent with my estate plan.
- Create, amend, revoke, or fund revocable or irrevocable trusts for my benefit or for the benefit of my spouse and descendants.
- Change beneficiary designations on life insurance, retirement accounts, annuities, and POD/TOD accounts, provided the changes align with my known estate planning intentions.
- Disclaim or renounce any interest in property.
Digital Assets. Access, manage, control, transfer, or close my digital assets (email, social media, cloud storage, cryptocurrency, online accounts, digital photographs, domain names) to the fullest extent permitted by the Kansas Revised Uniform Fiduciary Access to Digital Assets Act and applicable service agreements.
Government Benefits and Entitlements. Apply for, receive, and manage Social Security, Medicare, Medicaid, veterans' benefits, unemployment compensation, and other government benefits.
General Authority. Do any other act or execute any document necessary or appropriate to accomplish the purposes of this instrument and to manage my financial and property affairs.
Limitations: [[Insert any specific limitations or "No limitations - full authority granted."]]
AGENT'S FIDUCIARY DUTIES
My Agent shall act as a fiduciary and in my best interest at all times. The Agent shall:
- Exercise reasonable care, competence, and diligence.
- Avoid conflicts of interest and self-dealing except as expressly authorized.
- Keep my property separate from the Agent's own property.
- Maintain accurate and complete records of all transactions.
- Provide an accounting to me or my legal representative upon request.
- Not commingle funds.
The Agent is entitled to reasonable compensation for services and reimbursement of reasonable expenses incurred in the exercise of authority under this instrument.
Third parties (financial institutions, title companies, government agencies, etc.) may rely upon this Power of Attorney and the signature and acts of my Agent without further inquiry, absent actual written notice of revocation or termination.
TERMINATION
This Power of Attorney terminates upon:
- My written revocation delivered to the Agent and affected third parties;
- My death;
- A court order; or
- The Agent's (and all successors') inability or unwillingness to serve.
Upon termination, the Agent shall deliver all records and property of mine in the Agent's possession to me or my personal representative.
EXECUTION
I have read (or had read to me) this instrument and understand its contents. I sign it voluntarily as my Durable Power of Attorney on this [[Date]] at [[City]], Kansas.
_______________________________________________
[[Principal Full Legal Name]]
Principal
NOTARY ACKNOWLEDGMENT
State of Kansas
County of [[County]]
On this [[Date]], before me, the undersigned notary, personally appeared [[Principal Full Legal Name]], known to me to be the person whose name is subscribed to the within instrument, and acknowledged that the Principal executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
_______________________________________________
Notary Public, State of Kansas
My commission expires: [[Date]]
(Seal)
Witness (optional but recommended for formality):
Signature: _______________________________________________
Printed Name: [[Witness Name]] Address: [[Address]]
IMPORTANT NOTICE
This durable power of attorney grants your Agent significant authority over your property and finances, including authority to sell assets, withdraw funds, change beneficiary designations (if hot powers granted), and create trusts. Review carefully. You may limit powers by striking or adding language. Consult a licensed Kansas attorney. This document does not authorize health-care decisions.
Primary Sources (as of 2026-06):
Kansas statutes governing powers of attorney and fiduciary relationships.
Kansas adoption of durable power of attorney principles and digital assets access rules.
Retain the original in a safe but accessible place. Provide copies to your Agent and financial institutions. Update or replace this document upon marriage, divorce, birth of children, or major asset changes. A separate document is recommended for health-care decisions.
