Will.com / Healthcare directive / Kansas
KS · Durable Power of Attorney for Health Care Decisions (statutory form at K.S.A. §58-632); the Living Will / Natural Death Act declaration form is set out in K.S.A. §65-28,103
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Kansas healthcare directive requirements
How it works
- 1
Answer a few questions
About your care preferences and who you want making decisions.
- 2
Download your healthcare directive
A complete, personalized document, formatted for Kansas.
- 3
Sign and share
Sign in front of 2 adult witnesses, or in front of a notary instead. Give a copy to your healthcare agent and your doctor.
What governs a Kansas directive
Kansas's healthcare-directive statute is at Kan. Stat. §58-625 et seq. (DPOA-HC); K.S.A. §65-28,101 et seq. (Natural Death Act / Living Will). The official form is the Durable Power of Attorney for Health Care Decisions (statutory form at K.S.A. §58-632); the Living Will / Natural Death Act declaration form is set out in K.S.A. §65-28,103. Your directive is valid the moment it's signed under your state's witness and notary rules above; it only takes effect if your physician determines you can't make or communicate decisions yourself.
Who can witness your Kansas directive
This directive combines a durable power of attorney for health care decisions under K.S.A. §58-629 with a Kansas Natural Death Act declaration under K.S.A. §65-28,103, and each imposes its own witness rule. Under §58-629(e)(1) neither of the two witnesses may be the agent, related to the principal by blood, marriage, or adoption, entitled to any portion of the principal's estate under the laws of intestate succession or under any will or codicil, or directly financially responsible for the principal's health care. Under §65-28,103(a)(4)(A) neither witness may be the person who signed the declaration on behalf of and at the direction of the declarant, related to the declarant by blood or marriage, entitled to any portion of the declarant's estate by intestate succession or under any will or codicil, or directly financially responsible for the declarant's medical care. Witnesses must be at least 18 under both. Kansas does not disqualify a treating health care provider or its employee from witnessing: the §58-629(d) bar on the treating provider, an employee of the treating provider, and an employee, owner, director, or officer of a facility described in §58-629(a)(2) restricts who may be designated as agent, not who may witness. Acknowledgment before a notary public is a statutory alternative to witnesses for both portions, under §58-629(e)(2) and §65-28,103(a)(4)(B).
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