58-654.General powers.(a) A principal may delegate to an attorney in fact in a power of attorneygeneral powers to act in a fiduciary capacity on the principal's behalf withrespect to all lawful subjects and purposes or with respect to one or moreexpress subjects or purposes. A power of attorney with general powers may bedurable or nondurable.
(b) If the power of attorney states that general powers are granted to theattorney in fact and further states in substance that it grants power to theattorney in fact to act with respect to all lawful subjects and purposes orthat it grants general powers for general purposes or does not by its termslimit the power to the specific subject or purposes set out in the instrument,then the authority of the attorney in fact acting under the power of attorneyshall extend to and include each and every action or power which an adult whois not disabled may carry out through an agent specifically authorized in thepremises, with respect to any and all matters whatsoever, except as provided insubsection (f) and (g). When a power of attorney grants general powers to anattorney in fact to act with respect to all lawful subjects and purposes, theenumeration of one or more specific subjects or purposes does not limit thegeneral authority granted by that power of attorney, unless otherwise providedin the power of attorney. An attorney in fact vested with general powers shallbe authorized to execute a power of attorney required by any governmentalagency or other legal entity on behalf of the principal, naming such attorneyin fact as the attorney in fact authorized to enter into any transaction withsuch agency or legal entity.
(c) If the power of attorney states that general powers are granted to anattorney in fact with respect to one or more express subjects or purposes forwhich general powers are conferred, then the authority of the attorney in factacting under the power of attorney shall extend to and include each and everyaction or power, but only with respect to the specific subjects or purposesexpressed in the power of attorney that an adult who is not disabled may carryout through an agent specifically authorized in the premises, with respect toany and all matters whatsoever, except as provided in subsection (f) and (g).
(d) Except as provided in subsections (f) and (g), an attorney in fact withgeneral powers has, with respect to the subjects or purposes for which thepowers are conferred, all rights, power and authority to act for the principalthat the principal would have with respect to the principal's own person orproperty, including property owned jointly or by the entireties with another orothers, as an adult who is not disabled. Without limiting the foregoing anattorney in fact with general powers has, with respect to the subject orpurposes of the power, complete discretion to make a decision for theprincipal, to act or not act, to consent or not consent to, or withdraw consentfor, any act, and to execute and deliver or accept any deed, bill of sale, billof lading, assignment, contract, note, security instrument, consent, receipt,release, proof of claim, petition or other pleading, tax document, notice,application, acknowledgment or other document necessary or convenient toimplement or confirm any act, transaction or decision. An attorney in fact withgeneral powers, whether power to act with respect to all lawful subjects andpurposes, or only with respect to one or more express subjects or purposes,shall have the power, unless specifically denied by the terms of the power ofattorney, to make, execute and deliver to or for the benefit of or at therequest of a third person, who is requested to rely upon an action of theattorney in fact, an agreement indemnifying and holding harmless any thirdperson or persons from any liability, claims or expenses, including legalexpenses, incurred by any such third person by reason of acting or refrainingfrom acting pursuant to the request of the attorney in fact. Such indemnityagreement shall be binding upon the principal who has executed such power ofattorney and upon the principal's successor or successors in interest. No suchindemnity agreement shall protect any third person from any liability, claimsor expenses incurred by reason of the fact that, and to the extent that, thethird person has honored the power of attorney for actions outside the scope ofauthority granted by the power of attorney. In addition, the attorney in facthas complete discretion to employ and compensate real estate agents, brokers,attorneys, accountants and subagents of all types to represent and act for theprincipal in any and all matters, including tax matters involving the UnitedStates government or any other government or taxing entity, including, but notlimited to, the execution of supplemental or additional powers of attorney inthe name of the principal in form that may be required or preferred by any suchtaxing entity or other third person, and to deal with any or all third personsin the name of the principal without limitation. No such supplemental oradditional power of attorney shall broaden the scope of authority granted tothe attorney in fact in the original power of attorney executedby the principal.
(e) An attorney in fact, who is granted general powers for all subjects andpurposes or with respect to any express subjects or purposes, shall exercisethe powers conferred according to the principal's instructions, in theprincipal's best interest, in good faith, prudently and in accordance withK.S.A. 58-655 and 58-656, and amendments thereto.
(f) Any power of attorney, whether or not it grants general powers for allsubjects and purposes or with respect to express subjects or purposes, shall beconstrued to grant power or authority to an attorney in fact to carry out anyof the actions described in this subsection only if the actions are expresslyenumerated and authorized in the power of attorney. Any power of attorney maygrant power or authority to an attorney in fact to carry out any of thefollowing actions if the actions are expressly authorized in thepower of attorney:
(1) To execute, amend or revoke any trust agreement;
(2) to fund with the principal's assets any trust not created bythe principal;
(3) to make or revoke a gift of the principal's property in trustor otherwise;
(4) to disclaim a gift or devise of property to or for the benefit ofthe principal;
(5) to create or change survivorship interests in the principal's property orin property in which the principal may have an interest. The inclusion of theauthority set out in this paragraph shall not be necessary in order to grant toan attorney in fact acting under a power of attorney granting general powerswith respect to all lawful subjects and purposes the authority to withdrawfunds or other property from any account, contract or other similar arrangementheld in the names of the principal and one or more other persons with anyfinancial institution, brokerage company or other depository to the same extentthat the principal would be authorized to do if the principal were present, notdisabled and seeking to act in the principal's own behalf;
(6) to designate or change the designation of beneficiaries to receive anyproperty, benefit or contract right on the principal's death;
(7) to give or withhold consent to an autopsy or postmortem examination;
(8) to make a gift of, or decline to make a gift of, the principal's bodyparts under the revised uniform anatomical gift act,K.S.A. 2009 Supp.65-3220through 65-3244, and amendments thereto;
(9) to nominate a guardian or conservator for the principal; and if so statedin the power of attorney, the attorney in fact may nominate such attorney infact's self as such;
(10) to give consent on behalf of the principal to the sale, gift, transfer,mortgage or other alienation of the principal's homestead or interesttherein if:
(A) The principal's spouse, personally or through such spouse's attorney infact, has also consented to such alienation;
(B) the power of attorney specifically describes the homestead by referenceto a legal description and the street address of the property; and
(C) the principal's spouse, in a written document duly acknowledged by thespouse, has stated such spouse's consent that the attorney in fact may alienatethe interests, in whole or in part, of the principal in the described homesteadand, further, the spouse agrees that the consent of the attorney in fact willconstitute the consent of the principal required by Article 15, Section 9 ofthe Kansas Constitution. Nothing herein shall be construed as a limitation orabridgement of the right of the spouse of the principal to consent or withholdsuch spouse's consent to the alienation of the spouse's homestead, or anyrights therein, under Article 15, section 9 of the Kansas Constitution;
(11) to designate one or more substitute or successor or additional attorneysin fact;
(12) to delegate any or all powers granted in a power of attorney pursuant tosubsection (a) of K.S.A. 58-660, and amendments thereto; or
(13) to pay reasonable expenses incurred for the funeral and burial or otherdisposition of the body of the principal.
(g) No power of attorney, whether or not it delegates general powers, maydelegate or grant power or authority to an attorney in fact to do or carry outany of the following actions for the principal:
(1) To make, publish, declare, amend or revoke a will for the principal;
(2) to make, execute, modify or revoke a declaration under K.S.A. 65-28,101et seq., and amendments thereto, for the principal or to make,execute, modify or revoke a do not resuscitate directive under K.S.A. 65-4941,and amendments thereto, for the principal or to make, execute, modify or revokea durable power of attorney for health care decisions pursuant to K.S.A.58-625, et seq., and amendments thereto, for the principal;
(3) to require the principal, against the principal's will, to take anyaction or to refrain from taking any action; or
(4) to carry out any actions specifically forbidden by the principal whilenot under any disability or incapacity.
(h) A third person may freely rely on, contract and deal with an attorney infact delegated general powers with respect to the subjects and purposesencompassed or expressed in the power of attorney without regard to whether thepower of attorney expressly identifies the specific property, account,security, storage facility or matter as being within the scope of a subject orpurpose contained in the power of attorney, and without regard to whether thepower of attorney expressly authorizes the specific act, transaction ordecision by the attorney in fact.
(i) It is the policy of this state that an attorney in fact acting pursuantto the provisions of a power of attorney granting general powers shall beaccorded the same rights and privileges with respect to the personal welfare,property and business interests of the principal, and if the power of attorneyenumerate some express subjects or purposes, with respect to those subjects orpurposes, as if the principal was personally present and acting or seeking toact; and any provision of law and any purported waiver, consent or agreementexecuted or granted by the principal to the contrary shall be void andunenforceable.
(j) K.S.A. 58-650 through 58-665, and amendments thereto, shallnot be construed to preclude any person or business enterprise from providingin a contract with the principal as to the procedure that thereafter must befollowed by the principal or the principal's attorney in fact in order to givea valid notice to the person or business enterprise of any modification ortermination of the appointment of an attorney in fact by the principal. Anysuch contractual provision for notice shall be valid and binding on theprincipal and the principal's successors so long as such provision isreasonably capable of being carried out.
History: L. 2003, ch. 58, § 5;L. 2004, ch. 50, § 1;L. 2007, ch. 127, § 29; July 1.
58-654.General powers.(a) A principal may delegate to an attorney in fact in a power of attorneygeneral powers to act in a fiduciary capacity on the principal's behalf withrespect to all lawful subjects and purposes or with respect to one or moreexpress subjects or purposes. A power of attorney with general powers may bedurable or nondurable.
(b) If the power of attorney states that general powers are granted to theattorney in fact and further states in substance that it grants power to theattorney in fact to act with respect to all lawful subjects and purposes orthat it grants general powers for general purposes or does not by its termslimit the power to the specific subject or purposes set out in the instrument,then the authority of the attorney in fact acting under the power of attorneyshall extend to and include each and every action or power which an adult whois not disabled may carry out through an agent specifically authorized in thepremises, with respect to any and all matters whatsoever, except as provided insubsection (f) and (g). When a power of attorney grants general powers to anattorney in fact to act with respect to all lawful subjects and purposes, theenumeration of one or more specific subjects or purposes does not limit thegeneral authority granted by that power of attorney, unless otherwise providedin the power of attorney. An attorney in fact vested with general powers shallbe authorized to execute a power of attorney required by any governmentalagency or other legal entity on behalf of the principal, naming such attorneyin fact as the attorney in fact authorized to enter into any transaction withsuch agency or legal entity.
(c) If the power of attorney states that general powers are granted to anattorney in fact with respect to one or more express subjects or purposes forwhich general powers are conferred, then the authority of the attorney in factacting under the power of attorney shall extend to and include each and everyaction or power, but only with respect to the specific subjects or purposesexpressed in the power of attorney that an adult who is not disabled may carryout through an agent specifically authorized in the premises, with respect toany and all matters whatsoever, except as provided in subsection (f) and (g).
(d) Except as provided in subsections (f) and (g), an attorney in fact withgeneral powers has, with respect to the subjects or purposes for which thepowers are conferred, all rights, power and authority to act for the principalthat the principal would have with respect to the principal's own person orproperty, including property owned jointly or by the entireties with another orothers, as an adult who is not disabled. Without limiting the foregoing anattorney in fact with general powers has, with respect to the subject orpurposes of the power, complete discretion to make a decision for theprincipal, to act or not act, to consent or not consent to, or withdraw consentfor, any act, and to execute and deliver or accept any deed, bill of sale, billof lading, assignment, contract, note, security instrument, consent, receipt,release, proof of claim, petition or other pleading, tax document, notice,application, acknowledgment or other document necessary or convenient toimplement or confirm any act, transaction or decision. An attorney in fact withgeneral powers, whether power to act with respect to all lawful subjects andpurposes, or only with respect to one or more express subjects or purposes,shall have the power, unless specifically denied by the terms of the power ofattorney, to make, execute and deliver to or for the benefit of or at therequest of a third person, who is requested to rely upon an action of theattorney in fact, an agreement indemnifying and holding harmless any thirdperson or persons from any liability, claims or expenses, including legalexpenses, incurred by any such third person by reason of acting or refrainingfrom acting pursuant to the request of the attorney in fact. Such indemnityagreement shall be binding upon the principal who has executed such power ofattorney and upon the principal's successor or successors in interest. No suchindemnity agreement shall protect any third person from any liability, claimsor expenses incurred by reason of the fact that, and to the extent that, thethird person has honored the power of attorney for actions outside the scope ofauthority granted by the power of attorney. In addition, the attorney in facthas complete discretion to employ and compensate real estate agents, brokers,attorneys, accountants and subagents of all types to represent and act for theprincipal in any and all matters, including tax matters involving the UnitedStates government or any other government or taxing entity, including, but notlimited to, the execution of supplemental or additional powers of attorney inthe name of the principal in form that may be required or preferred by any suchtaxing entity or other third person, and to deal with any or all third personsin the name of the principal without limitation. No such supplemental oradditional power of attorney shall broaden the scope of authority granted tothe attorney in fact in the original power of attorney executedby the principal.
(e) An attorney in fact, who is granted general powers for all subjects andpurposes or with respect to any express subjects or purposes, shall exercisethe powers conferred according to the principal's instructions, in theprincipal's best interest, in good faith, prudently and in accordance withK.S.A. 58-655 and 58-656, and amendments thereto.
(f) Any power of attorney, whether or not it grants general powers for allsubjects and purposes or with respect to express subjects or purposes, shall beconstrued to grant power or authority to an attorney in fact to carry out anyof the actions described in this subsection only if the actions are expresslyenumerated and authorized in the power of attorney. Any power of attorney maygrant power or authority to an attorney in fact to carry out any of thefollowing actions if the actions are expressly authorized in thepower of attorney:
(1) To execute, amend or revoke any trust agreement;
(2) to fund with the principal's assets any trust not created bythe principal;
(3) to make or revoke a gift of the principal's property in trustor otherwise;
(4) to disclaim a gift or devise of property to or for the benefit ofthe principal;
(5) to create or change survivorship interests in the principal's property orin property in which the principal may have an interest. The inclusion of theauthority set out in this paragraph shall not be necessary in order to grant toan attorney in fact acting under a power of attorney granting general powerswith respect to all lawful subjects and purposes the authority to withdrawfunds or other property from any account, contract or other similar arrangementheld in the names of the principal and one or more other persons with anyfinancial institution, brokerage company or other depository to the same extentthat the principal would be authorized to do if the principal were present, notdisabled and seeking to act in the principal's own behalf;
(6) to designate or change the designation of beneficiaries to receive anyproperty, benefit or contract right on the principal's death;
(7) to give or withhold consent to an autopsy or postmortem examination;
(8) to make a gift of, or decline to make a gift of, the principal's bodyparts under the revised uniform anatomical gift act,K.S.A. 2009 Supp.65-3220through 65-3244, and amendments thereto;
(9) to nominate a guardian or conservator for the principal; and if so statedin the power of attorney, the attorney in fact may nominate such attorney infact's self as such;
(10) to give consent on behalf of the principal to the sale, gift, transfer,mortgage or other alienation of the principal's homestead or interesttherein if:
(A) The principal's spouse, personally or through such spouse's attorney infact, has also consented to such alienation;
(B) the power of attorney specifically describes the homestead by referenceto a legal description and the street address of the property; and
(C) the principal's spouse, in a written document duly acknowledged by thespouse, has stated such spouse's consent that the attorney in fact may alienatethe interests, in whole or in part, of the principal in the described homesteadand, further, the spouse agrees that the consent of the attorney in fact willconstitute the consent of the principal required by Article 15, Section 9 ofthe Kansas Constitution. Nothing herein shall be construed as a limitation orabridgement of the right of the spouse of the principal to consent or withholdsuch spouse's consent to the alienation of the spouse's homestead, or anyrights therein, under Article 15, section 9 of the Kansas Constitution;
(11) to designate one or more substitute or successor or additional attorneysin fact;
(12) to delegate any or all powers granted in a power of attorney pursuant tosubsection (a) of K.S.A. 58-660, and amendments thereto; or
(13) to pay reasonable expenses incurred for the funeral and burial or otherdisposition of the body of the principal.
(g) No power of attorney, whether or not it delegates general powers, maydelegate or grant power or authority to an attorney in fact to do or carry outany of the following actions for the principal:
(1) To make, publish, declare, amend or revoke a will for the principal;
(2) to make, execute, modify or revoke a declaration under K.S.A. 65-28,101et seq., and amendments thereto, for the principal or to make,execute, modify or revoke a do not resuscitate directive under K.S.A. 65-4941,and amendments thereto, for the principal or to make, execute, modify or revokea durable power of attorney for health care decisions pursuant to K.S.A.58-625, et seq., and amendments thereto, for the principal;
(3) to require the principal, against the principal's will, to take anyaction or to refrain from taking any action; or
(4) to carry out any actions specifically forbidden by the principal whilenot under any disability or incapacity.
(h) A third person may freely rely on, contract and deal with an attorney infact delegated general powers with respect to the subjects and purposesencompassed or expressed in the power of attorney without regard to whether thepower of attorney expressly identifies the specific property, account,security, storage facility or matter as being within the scope of a subject orpurpose contained in the power of attorney, and without regard to whether thepower of attorney expressly authorizes the specific act, transaction ordecision by the attorney in fact.
(i) It is the policy of this state that an attorney in fact acting pursuantto the provisions of a power of attorney granting general powers shall beaccorded the same rights and privileges with respect to the personal welfare,property and business interests of the principal, and if the power of attorneyenumerate some express subjects or purposes, with respect to those subjects orpurposes, as if the principal was personally present and acting or seeking toact; and any provision of law and any purported waiver, consent or agreementexecuted or granted by the principal to the contrary shall be void andunenforceable.
(j) K.S.A. 58-650 through 58-665, and amendments thereto, shallnot be construed to preclude any person or business enterprise from providingin a contract with the principal as to the procedure that thereafter must befollowed by the principal or the principal's attorney in fact in order to givea valid notice to the person or business enterprise of any modification ortermination of the appointment of an attorney in fact by the principal. Anysuch contractual provision for notice shall be valid and binding on theprincipal and the principal's successors so long as such provision isreasonably capable of being carried out.
History: L. 2003, ch. 58, § 5;L. 2004, ch. 50, § 1;L. 2007, ch. 127, § 29; July 1.
58-654.General powers.(a) A principal may delegate to an attorney in fact in a power of attorneygeneral powers to act in a fiduciary capacity on the principal's behalf withrespect to all lawful subjects and purposes or with respect to one or moreexpress subjects or purposes. A power of attorney with general powers may bedurable or nondurable.
(b) If the power of attorney states that general powers are granted to theattorney in fact and further states in substance that it grants power to theattorney in fact to act with respect to all lawful subjects and purposes orthat it grants general powers for general purposes or does not by its termslimit the power to the specific subject or purposes set out in the instrument,then the authority of the attorney in fact acting under the power of attorneyshall extend to and include each and every action or power which an adult whois not disabled may carry out through an agent specifically authorized in thepremises, with respect to any and all matters whatsoever, except as provided insubsection (f) and (g). When a power of attorney grants general powers to anattorney in fact to act with respect to all lawful subjects and purposes, theenumeration of one or more specific subjects or purposes does not limit thegeneral authority granted by that power of attorney, unless otherwise providedin the power of attorney. An attorney in fact vested with general powers shallbe authorized to execute a power of attorney required by any governmentalagency or other legal entity on behalf of the principal, naming such attorneyin fact as the attorney in fact authorized to enter into any transaction withsuch agency or legal entity.
(c) If the power of attorney states that general powers are granted to anattorney in fact with respect to one or more express subjects or purposes forwhich general powers are conferred, then the authority of the attorney in factacting under the power of attorney shall extend to and include each and everyaction or power, but only with respect to the specific subjects or purposesexpressed in the power of attorney that an adult who is not disabled may carryout through an agent specifically authorized in the premises, with respect toany and all matters whatsoever, except as provided in subsection (f) and (g).
(d) Except as provided in subsections (f) and (g), an attorney in fact withgeneral powers has, with respect to the subjects or purposes for which thepowers are conferred, all rights, power and authority to act for the principalthat the principal would have with respect to the principal's own person orproperty, including property owned jointly or by the entireties with another orothers, as an adult who is not disabled. Without limiting the foregoing anattorney in fact with general powers has, with respect to the subject orpurposes of the power, complete discretion to make a decision for theprincipal, to act or not act, to consent or not consent to, or withdraw consentfor, any act, and to execute and deliver or accept any deed, bill of sale, billof lading, assignment, contract, note, security instrument, consent, receipt,release, proof of claim, petition or other pleading, tax document, notice,application, acknowledgment or other document necessary or convenient toimplement or confirm any act, transaction or decision. An attorney in fact withgeneral powers, whether power to act with respect to all lawful subjects andpurposes, or only with respect to one or more express subjects or purposes,shall have the power, unless specifically denied by the terms of the power ofattorney, to make, execute and deliver to or for the benefit of or at therequest of a third person, who is requested to rely upon an action of theattorney in fact, an agreement indemnifying and holding harmless any thirdperson or persons from any liability, claims or expenses, including legalexpenses, incurred by any such third person by reason of acting or refrainingfrom acting pursuant to the request of the attorney in fact. Such indemnityagreement shall be binding upon the principal who has executed such power ofattorney and upon the principal's successor or successors in interest. No suchindemnity agreement shall protect any third person from any liability, claimsor expenses incurred by reason of the fact that, and to the extent that, thethird person has honored the power of attorney for actions outside the scope ofauthority granted by the power of attorney. In addition, the attorney in facthas complete discretion to employ and compensate real estate agents, brokers,attorneys, accountants and subagents of all types to represent and act for theprincipal in any and all matters, including tax matters involving the UnitedStates government or any other government or taxing entity, including, but notlimited to, the execution of supplemental or additional powers of attorney inthe name of the principal in form that may be required or preferred by any suchtaxing entity or other third person, and to deal with any or all third personsin the name of the principal without limitation. No such supplemental oradditional power of attorney shall broaden the scope of authority granted tothe attorney in fact in the original power of attorney executedby the principal.
(e) An attorney in fact, who is granted general powers for all subjects andpurposes or with respect to any express subjects or purposes, shall exercisethe powers conferred according to the principal's instructions, in theprincipal's best interest, in good faith, prudently and in accordance withK.S.A. 58-655 and 58-656, and amendments thereto.
(f) Any power of attorney, whether or not it grants general powers for allsubjects and purposes or with respect to express subjects or purposes, shall beconstrued to grant power or authority to an attorney in fact to carry out anyof the actions described in this subsection only if the actions are expresslyenumerated and authorized in the power of attorney. Any power of attorney maygrant power or authority to an attorney in fact to carry out any of thefollowing actions if the actions are expressly authorized in thepower of attorney:
(1) To execute, amend or revoke any trust agreement;
(2) to fund with the principal's assets any trust not created bythe principal;
(3) to make or revoke a gift of the principal's property in trustor otherwise;
(4) to disclaim a gift or devise of property to or for the benefit ofthe principal;
(5) to create or change survivorship interests in the principal's property orin property in which the principal may have an interest. The inclusion of theauthority set out in this paragraph shall not be necessary in order to grant toan attorney in fact acting under a power of attorney granting general powerswith respect to all lawful subjects and purposes the authority to withdrawfunds or other property from any account, contract or other similar arrangementheld in the names of the principal and one or more other persons with anyfinancial institution, brokerage company or other depository to the same extentthat the principal would be authorized to do if the principal were present, notdisabled and seeking to act in the principal's own behalf;
(6) to designate or change the designation of beneficiaries to receive anyproperty, benefit or contract right on the principal's death;
(7) to give or withhold consent to an autopsy or postmortem examination;
(8) to make a gift of, or decline to make a gift of, the principal's bodyparts under the revised uniform anatomical gift act,K.S.A. 2009 Supp.65-3220through 65-3244, and amendments thereto;
(9) to nominate a guardian or conservator for the principal; and if so statedin the power of attorney, the attorney in fact may nominate such attorney infact's self as such;
(10) to give consent on behalf of the principal to the sale, gift, transfer,mortgage or other alienation of the principal's homestead or interesttherein if:
(A) The principal's spouse, personally or through such spouse's attorney infact, has also consented to such alienation;
(B) the power of attorney specifically describes the homestead by referenceto a legal description and the street address of the property; and
(C) the principal's spouse, in a written document duly acknowledged by thespouse, has stated such spouse's consent that the attorney in fact may alienatethe interests, in whole or in part, of the principal in the described homesteadand, further, the spouse agrees that the consent of the attorney in fact willconstitute the consent of the principal required by Article 15, Section 9 ofthe Kansas Constitution. Nothing herein shall be construed as a limitation orabridgement of the right of the spouse of the principal to consent or withholdsuch spouse's consent to the alienation of the spouse's homestead, or anyrights therein, under Article 15, section 9 of the Kansas Constitution;
(11) to designate one or more substitute or successor or additional attorneysin fact;
(12) to delegate any or all powers granted in a power of attorney pursuant tosubsection (a) of K.S.A. 58-660, and amendments thereto; or
(13) to pay reasonable expenses incurred for the funeral and burial or otherdisposition of the body of the principal.
(g) No power of attorney, whether or not it delegates general powers, maydelegate or grant power or authority to an attorney in fact to do or carry outany of the following actions for the principal:
(1) To make, publish, declare, amend or revoke a will for the principal;
(2) to make, execute, modify or revoke a declaration under K.S.A. 65-28,101et seq., and amendments thereto, for the principal or to make,execute, modify or revoke a do not resuscitate directive under K.S.A. 65-4941,and amendments thereto, for the principal or to make, execute, modify or revokea durable power of attorney for health care decisions pursuant to K.S.A.58-625, et seq., and amendments thereto, for the principal;
(3) to require the principal, against the principal's will, to take anyaction or to refrain from taking any action; or
(4) to carry out any actions specifically forbidden by the principal whilenot under any disability or incapacity.
(h) A third person may freely rely on, contract and deal with an attorney infact delegated general powers with respect to the subjects and purposesencompassed or expressed in the power of attorney without regard to whether thepower of attorney expressly identifies the specific property, account,security, storage facility or matter as being within the scope of a subject orpurpose contained in the power of attorney, and without regard to whether thepower of attorney expressly authorizes the specific act, transaction ordecision by the attorney in fact.
(i) It is the policy of this state that an attorney in fact acting pursuantto the provisions of a power of attorney granting general powers shall beaccorded the same rights and privileges with respect to the personal welfare,property and business interests of the principal, and if the power of attorneyenumerate some express subjects or purposes, with respect to those subjects orpurposes, as if the principal was personally present and acting or seeking toact; and any provision of law and any purported waiver, consent or agreementexecuted or granted by the principal to the contrary shall be void andunenforceable.
(j) K.S.A. 58-650 through 58-665, and amendments thereto, shallnot be construed to preclude any person or business enterprise from providingin a contract with the principal as to the procedure that thereafter must befollowed by the principal or the principal's attorney in fact in order to givea valid notice to the person or business enterprise of any modification ortermination of the appointment of an attorney in fact by the principal. Anysuch contractual provision for notice shall be valid and binding on theprincipal and the principal's successors so long as such provision isreasonably capable of being carried out.
History: L. 2003, ch. 58, § 5;L. 2004, ch. 50, § 1;L. 2007, ch. 127, § 29; July 1.
