Medical power of attorney in Kansas: how it works, how to sign
The short answer
In Kansas, a durable power of attorney for health care decisions names someone to make medical decisions when you can't. Sign and date it before two qualified adult witnesses or a notary. Kansas has no general law naming a family member to decide if you haven't named anyone, so this document matters more here than in most states.
The question under every medical power of attorney is a simple one. If you can't speak for yourself, who talks to the doctor?
Kansas calls the document a "durable power of attorney for health care decisions." This page covers how to sign one, who can't be your witness, how a living will fits in, and what happens if you name nobody. It is part of our state-by-state estate planning guides. For the basics of the role, see what a medical power of attorney is.
How do I sign a health care power of attorney in Kansas?
The document must contain words showing it survives your disability or incapacity, or that it takes effect when that happens. It must be dated and signed (K.S.A. 58-625).
Then it needs one of these:
- Two adult witnesses, at least 18, who watch you sign, or
- A notary, who acknowledges your signature.
That differs from Kansas's financial power of attorney, which must be notarized to be durable and needs no witnesses. Our Kansas power of attorney guide covers that document.
Kansas has a statutory form, which the law says should be in substantially that shape (K.S.A. 58-632).
One timing detail: unless your document says otherwise, your agent's powers start only when your attending physician decides you can't make your own decisions. Until then, you decide.
Who can't be my witness or my agent?
If you use witnesses instead of a notary, Kansas rules out several people (K.S.A. 58-625).
| Person | Can be a witness? |
|---|---|
| The person you name as your health care agent | No |
| A relative by blood, marriage or adoption | No |
| Someone who would inherit from you, by will or by law | No |
| Someone directly paying for your health care | No |
| A friend or neighbor who is none of the above | Yes |
The easiest path for most people is a notary. If you use witnesses, pick two friends or neighbors who aren't related to you and aren't in your will.
There are also limits on who can be your agent (K.S.A. 58-625 and 58-629). Your treating health care provider and its employees can't serve. Neither can the employees, owners, directors or officers of the hospital or nursing home where you are a patient. The exception is someone related to you or a member of the same religious community.
What can my agent decide?
Your agent makes the health care decisions you would make if you could, within the limits your document sets. In day-to-day terms, that usually means talking with your doctors, reading your chart, and agreeing to or declining a test, a surgery or a new medicine.
Your agent is a fiduciary: legally required to act in your interest and follow what you wrote.
One limit is built in. Your agent can't revoke your living will (K.S.A. 58-625 and 58-629). What you wrote there stands.
Do I need a living will too?
Many people sign both. A health care power of attorney names a person. A living will writes down your wishes about treatment, so that person isn't guessing.
Kansas calls the living will a "declaration" under its Natural Death Act (K.S.A. 65-28,101). It tells doctors to withhold or withdraw life-sustaining procedures if you have a terminal condition, certified by two physicians.
It is signed much like the health care power of attorney (K.S.A. 65-28,103):
- In writing, signed and dated by you (or by someone at your direction).
- Before two adult witnesses, or acknowledged before a notary.
- A witness can't be the person who signed for you, a relative by blood or marriage, someone who would inherit from you, or someone paying for your medical care.
It has no effect during a diagnosed pregnancy. And you must let your attending physician know you have one. Kansas provides a statutory form. Our post on health care power of attorney vs living will explains how the two work together, and treatment preferences helps you think through what to write.
Who decides if I haven't named anyone?
This is where Kansas stands apart. Most states have a law that lists which relatives can make medical decisions for you if you haven't named anyone, usually starting with a spouse. Kansas has no general list like that.
In Kansas, legal authority to make your medical decisions comes from one of two places:
| Who | Can they make your medical decisions? |
|---|---|
| An agent you named in a health care power of attorney | Yes |
| A guardian appointed by a court | Yes |
| Your spouse, with no document | No statute gives this authority |
| Your adult children, with no document | No statute gives this authority |
| A close friend, with no document | No statute gives this authority |
Hospitals often talk with family in practice. But no Kansas statute hands the decision to your spouse or children. A 2026 bill to create a surrogate decisions law (HB 2720) did not pass (Kansas Legislature, HB 2720).
Kansas does have one narrow family list, and it applies only to consent for approved medical research (K.S.A. 65-4974). It runs spouse, adult child, parent, then another adult relative. A friend isn't on it. It doesn't cover everyday treatment decisions.
So if the person who really knows your wishes is a friend, a partner or a niece, a health care power of attorney is the only way to put them in charge without going to court. Our page on who decides for me walks through the question, and the 50-state guide to default decision-makers shows how other states handle it.
Here is a typical case, a composite. Dorothy is 73, widowed, and lives in Overland Park. Her son lives in Atlanta. Her neighbor Barb drives her to appointments and knows what she would want. Dorothy names Barb as her health care agent and her son as backup, and signs before a notary at her bank.
How do I choose my agent?
Once the signing is done, the practical questions matter most. Is the person willing? Can they get to the hospital? Will they follow your wishes even when they'd choose differently?
A short checklist:
- They know what you want, because you've told them.
- They can stay calm in a hospital hallway and ask questions.
- They live close enough, or can travel when needed.
- You've named a backup in case they can't.
Our post on how to choose a medical power of attorney has more questions to ask.
Some people would like a professional standing by, first or behind a friend. A Kinly membership includes a medical power of attorney written for your state, and Trella Trust Company can be named in the role, first or as the backup to someone you choose.
Once your health papers are done, our Kansas probate guide covers what happens to your home and savings later.
Common questions
Does a medical power of attorney need to be notarized in Kansas?
No, but it's the easiest route. It can be acknowledged before a notary or signed before two adult witnesses. Witnesses can't be your agent, a relative, an heir, or someone paying for your care.
Who makes medical decisions in Kansas if there's no power of attorney?
Kansas has no general default surrogate law. Authority comes from a health care power of attorney or a court-appointed guardian. Hospitals often consult family in practice, but no statute gives your spouse or children the decision.
When does a Kansas health care agent start making decisions?
Unless your document says otherwise, only when your attending physician determines you can't make your own decisions. Until then, you decide for yourself.
Can a family member witness my Kansas health care power of attorney?
No. A relative by blood, marriage or adoption can't be a witness. A notary avoids the problem.
Can my health care agent cancel my living will?
No. Kansas law says your agent can't revoke your living will.
Sources
- K.S.A. 58-625: Durable power of attorney for health care decisions (Kansas Revisor of Statutes)
- K.S.A. 58-629: Agent; limitations (Kansas Revisor of Statutes)
- K.S.A. 58-632: Statutory form (Kansas Revisor of Statutes)
- K.S.A. 65-28,101: Natural death act; declaration (Kansas Revisor of Statutes)
- K.S.A. 65-28,103: Declaration; execution and form (Kansas Revisor of Statutes)
- K.S.A. 65-4974: Consent to research protocols (Kansas Revisor of Statutes)
- HB 2720 (2026 session), bill history (Kansas Legislature)
This page is general information, not legal or financial advice. Laws vary by state.