58-629.Same; authority of agent; limitations onagent's power;persons not to be designated as agents; witnesses and acknowledgment;effect of death of principal.(a) A durable power of attorney for health care decisions mayconvey to the agent the authority to:
(1) Consent, refuse consent, orwithdraw consent to any care, treatment, service or procedure to maintain,diagnose or treat a physical or mental condition, and to make decisionsabout organ donation, autopsy, and disposition of the body;
(2) make all necessary arrangements for the principal at any hospital,psychiatric hospital or psychiatric treatment facility, hospice, nursinghome or similar institution; to employ or discharge health care personnelto include physicians, psychiatrists, psychologists, dentists, nurses,therapists or any other person who is licensed, certified, or otherwiseauthorized or permitted by the laws of this state to administer health careas the agent shall deem necessary for the physical, mental and emotionalwell being of the principal; and
(3) request, receive and review any information, verbal or written,regarding the principal's personal affairs or physical or mental healthincluding medical and hospital records and to execute any releases of otherdocuments that maybe required in order to obtain such information.
(b) The powers of the agent herein shall be limited to the extent setout in writing in the durable power of attorney for health care decisions,and shall not include the power to revoke or invalidate a previouslyexisting declaration by the principal in accordance with the natural deathact. No agent powers conveyed pursuant to this section shall be effectiveuntil the occurrence of the principal's impairment as determinedby theprincipal's attending physician, as defined in subsection (a) of K.S.A.65-28,102 and amendments thereto, unless the durable power of attorney forhealth care decisions specifically provides otherwise. Nothing in this actshall be construed as prohibiting an agent from providing treatment byspiritual means through prayer alone and care consistent therewith, in lieuof medical care and treatment, in accordance with the tenets and practicesof any church or religious denomination of which the principal is a member.
(c) In exercising the authority under the durable power of attorney forhealth care decisions, the agent has a duty to act consistent with theexpressed desires of the principal.
(d) Neither the treating health care provider, as defined by subsection(c) of K.S.A. 65-4921 and amendments thereto, nor an employee of thetreating health care provider, nor an employee, owner, director or officerof a facility described [in] subsection (a)(2) in K.S.A. 58-629may be designatedas the agent tomake health care decisions under a durable power of attorney for healthcare decisions unless:
(1) Related to the principal by blood, marriage or adoption; or
(2) the principal and agent are members of the same community of personswho are bound by vows to a religious life and who conduct or assist in theconduct of religious services and actually and regularly engage inreligious, benevolent, charitable or educational ministrations or theperformance of health care services.
(e) A durable power of attorney for health care decisions shall be:
(1) Dated and signed in the presence of two witnesses at least 18 yearsof age neither of whom shall be the agent, related to the principal byblood, marriage or adoption, entitled to any portion of the estate of theprincipal according to the laws of intestate succession of this stateor under any will of the principal or codicil thereto, or directlyfinancially responsible for the principal's health care; or
(2) acknowledged before a notary public.
(f) Death of the principal shall not prohibit or invalidate acts of theagent in arranging for organ donation, autopsy or disposition of body.
(g) Any person who in good faith acts pursuant to the terms of a durablepower ofattorney for health care decisions without knowledge of its invalidity shall beimmune from liability that may be incurred or imposed from such action.
History: L. 1989, ch. 181, § 5;L. 1994, ch. 224, § 1;L. 2002, ch. 114, § 57; July 1.
58-629.Same; authority of agent; limitations onagent's power;persons not to be designated as agents; witnesses and acknowledgment;effect of death of principal.(a) A durable power of attorney for health care decisions mayconvey to the agent the authority to:
(1) Consent, refuse consent, orwithdraw consent to any care, treatment, service or procedure to maintain,diagnose or treat a physical or mental condition, and to make decisionsabout organ donation, autopsy, and disposition of the body;
(2) make all necessary arrangements for the principal at any hospital,psychiatric hospital or psychiatric treatment facility, hospice, nursinghome or similar institution; to employ or discharge health care personnelto include physicians, psychiatrists, psychologists, dentists, nurses,therapists or any other person who is licensed, certified, or otherwiseauthorized or permitted by the laws of this state to administer health careas the agent shall deem necessary for the physical, mental and emotionalwell being of the principal; and
(3) request, receive and review any information, verbal or written,regarding the principal's personal affairs or physical or mental healthincluding medical and hospital records and to execute any releases of otherdocuments that maybe required in order to obtain such information.
(b) The powers of the agent herein shall be limited to the extent setout in writing in the durable power of attorney for health care decisions,and shall not include the power to revoke or invalidate a previouslyexisting declaration by the principal in accordance with the natural deathact. No agent powers conveyed pursuant to this section shall be effectiveuntil the occurrence of the principal's impairment as determinedby theprincipal's attending physician, as defined in subsection (a) of K.S.A.65-28,102 and amendments thereto, unless the durable power of attorney forhealth care decisions specifically provides otherwise. Nothing in this actshall be construed as prohibiting an agent from providing treatment byspiritual means through prayer alone and care consistent therewith, in lieuof medical care and treatment, in accordance with the tenets and practicesof any church or religious denomination of which the principal is a member.
(c) In exercising the authority under the durable power of attorney forhealth care decisions, the agent has a duty to act consistent with theexpressed desires of the principal.
(d) Neither the treating health care provider, as defined by subsection(c) of K.S.A. 65-4921 and amendments thereto, nor an employee of thetreating health care provider, nor an employee, owner, director or officerof a facility described [in] subsection (a)(2) in K.S.A. 58-629may be designatedas the agent tomake health care decisions under a durable power of attorney for healthcare decisions unless:
(1) Related to the principal by blood, marriage or adoption; or
(2) the principal and agent are members of the same community of personswho are bound by vows to a religious life and who conduct or assist in theconduct of religious services and actually and regularly engage inreligious, benevolent, charitable or educational ministrations or theperformance of health care services.
(e) A durable power of attorney for health care decisions shall be:
(1) Dated and signed in the presence of two witnesses at least 18 yearsof age neither of whom shall be the agent, related to the principal byblood, marriage or adoption, entitled to any portion of the estate of theprincipal according to the laws of intestate succession of this stateor under any will of the principal or codicil thereto, or directlyfinancially responsible for the principal's health care; or
(2) acknowledged before a notary public.
(f) Death of the principal shall not prohibit or invalidate acts of theagent in arranging for organ donation, autopsy or disposition of body.
(g) Any person who in good faith acts pursuant to the terms of a durablepower ofattorney for health care decisions without knowledge of its invalidity shall beimmune from liability that may be incurred or imposed from such action.
History: L. 1989, ch. 181, § 5;L. 1994, ch. 224, § 1;L. 2002, ch. 114, § 57; July 1.
58-629.Same; authority of agent; limitations onagent's power;persons not to be designated as agents; witnesses and acknowledgment;effect of death of principal.(a) A durable power of attorney for health care decisions mayconvey to the agent the authority to:
(1) Consent, refuse consent, orwithdraw consent to any care, treatment, service or procedure to maintain,diagnose or treat a physical or mental condition, and to make decisionsabout organ donation, autopsy, and disposition of the body;
(2) make all necessary arrangements for the principal at any hospital,psychiatric hospital or psychiatric treatment facility, hospice, nursinghome or similar institution; to employ or discharge health care personnelto include physicians, psychiatrists, psychologists, dentists, nurses,therapists or any other person who is licensed, certified, or otherwiseauthorized or permitted by the laws of this state to administer health careas the agent shall deem necessary for the physical, mental and emotionalwell being of the principal; and
(3) request, receive and review any information, verbal or written,regarding the principal's personal affairs or physical or mental healthincluding medical and hospital records and to execute any releases of otherdocuments that maybe required in order to obtain such information.
(b) The powers of the agent herein shall be limited to the extent setout in writing in the durable power of attorney for health care decisions,and shall not include the power to revoke or invalidate a previouslyexisting declaration by the principal in accordance with the natural deathact. No agent powers conveyed pursuant to this section shall be effectiveuntil the occurrence of the principal's impairment as determinedby theprincipal's attending physician, as defined in subsection (a) of K.S.A.65-28,102 and amendments thereto, unless the durable power of attorney forhealth care decisions specifically provides otherwise. Nothing in this actshall be construed as prohibiting an agent from providing treatment byspiritual means through prayer alone and care consistent therewith, in lieuof medical care and treatment, in accordance with the tenets and practicesof any church or religious denomination of which the principal is a member.
(c) In exercising the authority under the durable power of attorney forhealth care decisions, the agent has a duty to act consistent with theexpressed desires of the principal.
(d) Neither the treating health care provider, as defined by subsection(c) of K.S.A. 65-4921 and amendments thereto, nor an employee of thetreating health care provider, nor an employee, owner, director or officerof a facility described [in] subsection (a)(2) in K.S.A. 58-629may be designatedas the agent tomake health care decisions under a durable power of attorney for healthcare decisions unless:
(1) Related to the principal by blood, marriage or adoption; or
(2) the principal and agent are members of the same community of personswho are bound by vows to a religious life and who conduct or assist in theconduct of religious services and actually and regularly engage inreligious, benevolent, charitable or educational ministrations or theperformance of health care services.
(e) A durable power of attorney for health care decisions shall be:
(1) Dated and signed in the presence of two witnesses at least 18 yearsof age neither of whom shall be the agent, related to the principal byblood, marriage or adoption, entitled to any portion of the estate of theprincipal according to the laws of intestate succession of this stateor under any will of the principal or codicil thereto, or directlyfinancially responsible for the principal's health care; or
(2) acknowledged before a notary public.
(f) Death of the principal shall not prohibit or invalidate acts of theagent in arranging for organ donation, autopsy or disposition of body.
(g) Any person who in good faith acts pursuant to the terms of a durablepower ofattorney for health care decisions without knowledge of its invalidity shall beimmune from liability that may be incurred or imposed from such action.
History: L. 1989, ch. 181, § 5;L. 1994, ch. 224, § 1;L. 2002, ch. 114, § 57; July 1.
