58-651. Definitions.
58-651
58-651. Definitions.As used in the Kansas power of attorney act:
(a) "Attorney in fact" means an individual, corporation or other legal entityappointed to act asagent 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 definedin K.S.A. 77-201, and amendments thereto, or a similar law of the place havingjurisdiction of the person whose capacity is in question.
(d) "Durable power of attorney" means a written power of attorney in whichthe authority of the attorney in fact does not terminate in the event theprincipal becomes disabled or in the event of later uncertainty as to whetherthe principal is dead or alive and which complies with subsection (a) ofK.S.A. 58-652, and amendments thereto, or is durable under the lawsof any of thefollowing 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 thatplace has a reasonable relationship to the purpose of the instrument.
(e) "Legal representative" means a decedent's personal representative, aguardian or a conservator.
(f) "Nondurable power of attorney" means a written power of attorney whichdoes 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 representativeas defined in K.S.A. 59-102, and amendments thereto.
(i) "Power of attorney" means a written power of attorney, either durable ornondurable.
(j) "Principal's family" means the principal's parent, grandparent, uncle,aunt, brother, sister, son, daughter, grandson, granddaughter and theirdescendants, whether of the whole blood or the half blood, or by adoption, andthe principal's spouse, stepparent and stepchild.
(k) "Third person" means any individual, corporation or legal entity thatacts on a request from, contracts with, relies on or otherwise deals with anattorney in fact pursuant to authority granted by a principal in a power ofattorney and includes a partnership, either general or limited, governmentalagency, financial institution, issuer of securities, transfer agent, securitiesor commodities broker, real estate broker, title insurance company, insurancecompany, benefit plan, legal representative, custodian or trustee.
History: L. 2003, ch. 58, § 2; July 1.