58-657.Modification, termination or suspension ofpower of attorney; successor attorney; resignation of attorney.(a) As between the principal and attorney in fact or successor attorney infact, and any agents appointed by either of them, unless the power of attorneyis coupled with an interest, the authority granted in a power of attorney shallbe modified or terminated as follows:
(1) On the date shown in the power of attorney and in accordance with theexpress provisions of the power of attorney;
(2) when the principal, orally or in writing, or the principal's legalrepresentative in writing informs the attorney in fact or successor that thepower of attorney is modified or terminated, or when and under whatcircumstances it is modified or terminated; or
(3) when a written notice of modification or termination of the power ofattorney is filed by the principal or the principal's legal representative forrecord in the office of the register of deeds in the county of the principal'sresidence or, if the principal is a nonresident of the state, in the county ofthe residence of the attorney in fact last known to the principal, or in thecounty in which is located any property specifically referred to in the powerof attorney.
(b) As between the principal and attorney in fact or successor attorneyin fact, and any agents appointed by either of them, unless the power ofattorney is coupled with an interest, the authority granted in a power ofattorney shall be terminated as follows:
(1) On the death of the principal, except that if the power of attorneygrants authority under subsection (f)(7), (f)(8) or (f)(13) of K.S.A. 58-654,and amendments thereto, the power of attorney and the authorityof the attorney in fact shall continue for the limited purpose of carrying outthe authority granted under either or both of such subsections for a reasonablelength of time after the death of the principal;
(2) when the attorney in fact under a power of attorney is not qualified toact for the principal; or
(3) on the filing of any action for annulment, separate maintenance ordivorce of the principal and the principal's attorney in fact who were marriedto each other at or subsequent to the time the power of attorney was created,unless the power of attorney provides otherwise.
(c) The authority of an attorney in fact, under a power of attorney that isnondurable, is suspended during any period that the principal is disabled tothe extent that the principal is unable to receive or evaluate information orto communicate decisions with respect to the subject of the power of attorney.An attorney in fact exercising authority under a power of attorney that isnondurable shall not act in the principal's behalf during any period that theattorney in fact knows the principal is so disabled.
(d) Whenever any of the events described in subsection (a) operate merely toterminate the authority of the particular person designated as the attorney infact, rather than terminating the power of attorney, if the power of attorneydesignates a successor or contingent attorney in fact or prescribes a procedurewhereby a successor or contingent attorney in fact may be designated, then theauthority provided in the power of attorney shall extend to and vest in thesuccessor or contingent attorney in fact in lieu of the attorney in fact whosepower and authority was terminated under any of the circumstances referred toin subsection (a).
(e) As between the principal and attorney in fact or successor, acts andtransactions of the attorney in fact or successor undertaken in good faith, inaccordance with K.S.A. 58-656, and amendments thereto, and withoutactual knowledge of the death of the principal or without actual knowledge, orconstructive knowledge pursuant to subsection (a)(3), that the authoritygranted in the power of attorney has been suspended, modified or terminated,relieves the attorney in fact or successor from liability to the principal andthe principal's successors in interest.
(f) This section does not prohibit the principal, acting individually, andthe person designated as the attorney in fact from entering into a writtenagreement that sets forth their duties and liabilities as between themselvesand their successors, and which expands or limits the application of this act,with the exception of those acts enumerated in subsection (g) of K.S.A. 58-654, and amendments thereto.
(g) As between the principal and any attorney in fact or successor, if theattorney in fact or successor undertakes to act, and if in respect to such act,the attorney in fact or successor acts in bad faith, fraudulently or otherwisedishonestly, or if the attorney in fact or successor intentionally acts afterreceiving actual notice that the power of attorney has been revoked orterminated, and thereby causes damage or loss to the principal or to theprincipal's successors in interest, such attorney in fact or successor shallbe liable to the principal or to the principal's successors in interest, orboth, for such damages, together with reasonable attorney fees, and punitivedamages as allowed by law.
(h) If a power of attorney does not provide the method foran attorney in fact's resignation, an attorney in fact may resignby giving notice to the principal and, if the principal isdisabled:
(1) To the conservator or guardian, if one has beenappointed for the principal, any co-attorney in fact or successorattorney in fact, and the appointing court;
(2) to the successor attorney in fact, if one is named inthe power of attorney document; or
(3) if there is no person described in subsections (h)(1) or(2), the notice may be given to:
(A) The principal's caregiver;
(B) another person reasonably believed by the attorney infact to have sufficient interest in the principal's welfare; or
(C) a governmental agency having authority to protect thewelfare of the principal.
History: L. 2003, ch. 58, § 8;L. 2004, ch. 50, § 3;L. 2009, ch. 73, § 4; July 1.
58-657.Modification, termination or suspension ofpower of attorney; successor attorney; resignation of attorney.(a) As between the principal and attorney in fact or successor attorney infact, and any agents appointed by either of them, unless the power of attorneyis coupled with an interest, the authority granted in a power of attorney shallbe modified or terminated as follows:
(1) On the date shown in the power of attorney and in accordance with theexpress provisions of the power of attorney;
(2) when the principal, orally or in writing, or the principal's legalrepresentative in writing informs the attorney in fact or successor that thepower of attorney is modified or terminated, or when and under whatcircumstances it is modified or terminated; or
(3) when a written notice of modification or termination of the power ofattorney is filed by the principal or the principal's legal representative forrecord in the office of the register of deeds in the county of the principal'sresidence or, if the principal is a nonresident of the state, in the county ofthe residence of the attorney in fact last known to the principal, or in thecounty in which is located any property specifically referred to in the powerof attorney.
(b) As between the principal and attorney in fact or successor attorneyin fact, and any agents appointed by either of them, unless the power ofattorney is coupled with an interest, the authority granted in a power ofattorney shall be terminated as follows:
(1) On the death of the principal, except that if the power of attorneygrants authority under subsection (f)(7), (f)(8) or (f)(13) of K.S.A. 58-654,and amendments thereto, the power of attorney and the authorityof the attorney in fact shall continue for the limited purpose of carrying outthe authority granted under either or both of such subsections for a reasonablelength of time after the death of the principal;
(2) when the attorney in fact under a power of attorney is not qualified toact for the principal; or
(3) on the filing of any action for annulment, separate maintenance ordivorce of the principal and the principal's attorney in fact who were marriedto each other at or subsequent to the time the power of attorney was created,unless the power of attorney provides otherwise.
(c) The authority of an attorney in fact, under a power of attorney that isnondurable, is suspended during any period that the principal is disabled tothe extent that the principal is unable to receive or evaluate information orto communicate decisions with respect to the subject of the power of attorney.An attorney in fact exercising authority under a power of attorney that isnondurable shall not act in the principal's behalf during any period that theattorney in fact knows the principal is so disabled.
(d) Whenever any of the events described in subsection (a) operate merely toterminate the authority of the particular person designated as the attorney infact, rather than terminating the power of attorney, if the power of attorneydesignates a successor or contingent attorney in fact or prescribes a procedurewhereby a successor or contingent attorney in fact may be designated, then theauthority provided in the power of attorney shall extend to and vest in thesuccessor or contingent attorney in fact in lieu of the attorney in fact whosepower and authority was terminated under any of the circumstances referred toin subsection (a).
(e) As between the principal and attorney in fact or successor, acts andtransactions of the attorney in fact or successor undertaken in good faith, inaccordance with K.S.A. 58-656, and amendments thereto, and withoutactual knowledge of the death of the principal or without actual knowledge, orconstructive knowledge pursuant to subsection (a)(3), that the authoritygranted in the power of attorney has been suspended, modified or terminated,relieves the attorney in fact or successor from liability to the principal andthe principal's successors in interest.
(f) This section does not prohibit the principal, acting individually, andthe person designated as the attorney in fact from entering into a writtenagreement that sets forth their duties and liabilities as between themselvesand their successors, and which expands or limits the application of this act,with the exception of those acts enumerated in subsection (g) of K.S.A. 58-654, and amendments thereto.
(g) As between the principal and any attorney in fact or successor, if theattorney in fact or successor undertakes to act, and if in respect to such act,the attorney in fact or successor acts in bad faith, fraudulently or otherwisedishonestly, or if the attorney in fact or successor intentionally acts afterreceiving actual notice that the power of attorney has been revoked orterminated, and thereby causes damage or loss to the principal or to theprincipal's successors in interest, such attorney in fact or successor shallbe liable to the principal or to the principal's successors in interest, orboth, for such damages, together with reasonable attorney fees, and punitivedamages as allowed by law.
(h) If a power of attorney does not provide the method foran attorney in fact's resignation, an attorney in fact may resignby giving notice to the principal and, if the principal isdisabled:
(1) To the conservator or guardian, if one has beenappointed for the principal, any co-attorney in fact or successorattorney in fact, and the appointing court;
(2) to the successor attorney in fact, if one is named inthe power of attorney document; or
(3) if there is no person described in subsections (h)(1) or(2), the notice may be given to:
(A) The principal's caregiver;
(B) another person reasonably believed by the attorney infact to have sufficient interest in the principal's welfare; or
(C) a governmental agency having authority to protect thewelfare of the principal.
History: L. 2003, ch. 58, § 8;L. 2004, ch. 50, § 3;L. 2009, ch. 73, § 4; July 1.
58-657.Modification, termination or suspension ofpower of attorney; successor attorney; resignation of attorney.(a) As between the principal and attorney in fact or successor attorney infact, and any agents appointed by either of them, unless the power of attorneyis coupled with an interest, the authority granted in a power of attorney shallbe modified or terminated as follows:
(1) On the date shown in the power of attorney and in accordance with theexpress provisions of the power of attorney;
(2) when the principal, orally or in writing, or the principal's legalrepresentative in writing informs the attorney in fact or successor that thepower of attorney is modified or terminated, or when and under whatcircumstances it is modified or terminated; or
(3) when a written notice of modification or termination of the power ofattorney is filed by the principal or the principal's legal representative forrecord in the office of the register of deeds in the county of the principal'sresidence or, if the principal is a nonresident of the state, in the county ofthe residence of the attorney in fact last known to the principal, or in thecounty in which is located any property specifically referred to in the powerof attorney.
(b) As between the principal and attorney in fact or successor attorneyin fact, and any agents appointed by either of them, unless the power ofattorney is coupled with an interest, the authority granted in a power ofattorney shall be terminated as follows:
(1) On the death of the principal, except that if the power of attorneygrants authority under subsection (f)(7), (f)(8) or (f)(13) of K.S.A. 58-654,and amendments thereto, the power of attorney and the authorityof the attorney in fact shall continue for the limited purpose of carrying outthe authority granted under either or both of such subsections for a reasonablelength of time after the death of the principal;
(2) when the attorney in fact under a power of attorney is not qualified toact for the principal; or
(3) on the filing of any action for annulment, separate maintenance ordivorce of the principal and the principal's attorney in fact who were marriedto each other at or subsequent to the time the power of attorney was created,unless the power of attorney provides otherwise.
(c) The authority of an attorney in fact, under a power of attorney that isnondurable, is suspended during any period that the principal is disabled tothe extent that the principal is unable to receive or evaluate information orto communicate decisions with respect to the subject of the power of attorney.An attorney in fact exercising authority under a power of attorney that isnondurable shall not act in the principal's behalf during any period that theattorney in fact knows the principal is so disabled.
(d) Whenever any of the events described in subsection (a) operate merely toterminate the authority of the particular person designated as the attorney infact, rather than terminating the power of attorney, if the power of attorneydesignates a successor or contingent attorney in fact or prescribes a procedurewhereby a successor or contingent attorney in fact may be designated, then theauthority provided in the power of attorney shall extend to and vest in thesuccessor or contingent attorney in fact in lieu of the attorney in fact whosepower and authority was terminated under any of the circumstances referred toin subsection (a).
(e) As between the principal and attorney in fact or successor, acts andtransactions of the attorney in fact or successor undertaken in good faith, inaccordance with K.S.A. 58-656, and amendments thereto, and withoutactual knowledge of the death of the principal or without actual knowledge, orconstructive knowledge pursuant to subsection (a)(3), that the authoritygranted in the power of attorney has been suspended, modified or terminated,relieves the attorney in fact or successor from liability to the principal andthe principal's successors in interest.
(f) This section does not prohibit the principal, acting individually, andthe person designated as the attorney in fact from entering into a writtenagreement that sets forth their duties and liabilities as between themselvesand their successors, and which expands or limits the application of this act,with the exception of those acts enumerated in subsection (g) of K.S.A. 58-654, and amendments thereto.
(g) As between the principal and any attorney in fact or successor, if theattorney in fact or successor undertakes to act, and if in respect to such act,the attorney in fact or successor acts in bad faith, fraudulently or otherwisedishonestly, or if the attorney in fact or successor intentionally acts afterreceiving actual notice that the power of attorney has been revoked orterminated, and thereby causes damage or loss to the principal or to theprincipal's successors in interest, such attorney in fact or successor shallbe liable to the principal or to the principal's successors in interest, orboth, for such damages, together with reasonable attorney fees, and punitivedamages as allowed by law.
(h) If a power of attorney does not provide the method foran attorney in fact's resignation, an attorney in fact may resignby giving notice to the principal and, if the principal isdisabled:
(1) To the conservator or guardian, if one has beenappointed for the principal, any co-attorney in fact or successorattorney in fact, and the appointing court;
(2) to the successor attorney in fact, if one is named inthe power of attorney document; or
(3) if there is no person described in subsections (h)(1) or(2), the notice may be given to:
(A) The principal's caregiver;
(B) another person reasonably believed by the attorney infact to have sufficient interest in the principal's welfare; or
(C) a governmental agency having authority to protect thewelfare of the principal.
History: L. 2003, ch. 58, § 8;L. 2004, ch. 50, § 3;L. 2009, ch. 73, § 4; July 1.
