58-652. Effectiveness of power of attorney; recording; revocation; attorney in fact.
58-652
58-652. Effectiveness of power of attorney;recording; revocation; attorney in fact.(a) The authority granted by a principal to an attorney infact in a written power of attorney is not terminated in the event theprincipal becomes wholly or partially disabled or in the event of lateruncertainty as to whether the principal is dead or alive if:
(1) The power of attorney is denominated a "durable power of attorney;"
(2) the power of attorney includes a provision that states in substance oneof the following:
(A) "This is a durable power of attorney and the authority of my attorney infact shall not terminate if I become disabled or in the event of lateruncertainty as to whether I am dead or alive"; or
(B) "This is a durable power of attorney and the authority of my attorney infact, when effective, shall not terminate or be void or voidable if I am orbecome disabled or in the event of later uncertainty as to whether I am dead oralive"; and
(3) the power of attorney is signed by the principal, and dated andacknowledged in the manner prescribed by K.S.A. 53-501 et seq., andamendments thereto. If the principal is physically unable to sign the powerofattorney but otherwise competent and conscious, the power ofattorney may be signed by an adult designee of the principal inthe presence of the principal and at the specific direction ofthe principalexpressed in the presence of a notary public.The designee shall sign the principal's name tothe power of attorney in the presence of a notary public,following which the document shall be acknowledged in the mannerprescribed by K.S.A. 53-501 et seq., and amendments thereto, tothe same extent and effect as if physically signed by theprincipal.
(b) All acts done by an attorney in fact pursuant to a durable power ofattorney shall inure to the benefit of and bind the principal and theprincipal's successors in interest, notwithstanding any disability of theprincipal.
(c) (1) A power of attorney does not have to be recorded to be valid andbinding between the principal and attorney in fact or between the principal andthird persons.
(2) A power of attorney may be recorded in the same manner as a conveyance ofland is recorded. A certified copy of a recorded power of attorney may beadmitted into evidence.
(3) If a power of attorney is recorded any revocation of that power ofattorney must be recorded in the same manner for the revocation to beeffective. If a power of attorney is not recorded it may be revoked by arecorded revocation or in any other appropriate manner.
(4) If a power of attorney requires notice of revocation be given to namedpersons, those persons may continue to rely on the authority set forth in thepower of attorney until such notice is received.
(d) A person who is appointed an attorney in fact under a durable power ofattorney has no duty to exercise theauthority conferred in the power of attorney, unless the attorney in fact hasagreed expressly in writing to act for the principal in such circumstances. Anagreement to act on behalf of the principal is enforceable against the attorneyin fact as a fiduciary without regard to whether there is any consideration tosupport a contractual obligation to do so. Acting for the principal in one ormore transactions does not obligate an attorney in fact to act for theprincipal in subsequent transactions.
(e) The grant of power or authority conferred by a power of attorney in whichany principal shall vest any power or authority in an attorney in fact,if such writing expressly so provides, shall be effective only upon: (1) Aspecifiedfuture date; (2) the occurrence of a specified future event; or (3) theexistence of a specified condition which may occur in the future. In theabsence of actual knowledge to the contrary, any person to whom such writing ispresented shall be entitled to rely on an affidavit, executed by the attorneyin fact, setting forth that such event has occurred or condition exists.
History: L. 2003, ch. 58, § 3;L. 2009, ch. 73, § 2; July 1.