58-658.Exemption of third persons fromliability.(a) A third person, who is acting in good faith, without liability to theprincipal or the principal's successors in interest, may rely and act on anypower of attorney executed by the principal. A third person, with respect tothe subjectsand purposes encompassed by or separately expressed in the power of attorney,may rely and act on the instructions of or otherwise contract and deal with theprincipal's attorney in fact or successor attorney in fact and, in the absenceofactual knowledge, as defined in subsection (c), is not responsible fordetermining and has no duty to inquire as to any of the following:
(1) The authenticity of a copy of a power of attorney furnished by theprincipal's attorney in fact or successor;
(2) the validity of the designation of the attorney in fact or successor;
(3) whether the attorney in fact or successor is qualified to act as anattorney in fact for the principal;
(4) the propriety of any act of the attorney in fact or successor in theprincipal's behalf, including, but not limited to, whether or not an act takenor proposed to be taken by the attorney in fact, constitutes a breach of anyduty or obligation owed to the principal, including, but not limited to, theobligation to the principal not to modify or alter the principal's estate planor other provisions for distributions of assets at death, as provided insubsection (a) of K.S.A. 58-656, and amendments thereto;
(5) whether any future event, condition or contingency making effective orterminating the authority conferred in a power of attorney has occurred;
(6) whether the principal is disabled or has been adjudicated disabled;
(7) whether the principal, the principal's legal representative or a courthas given the attorney in fact any instructions or the content of anyinstructions, or whether the attorney in fact is following any instructionsreceived;
(8) whether the authority granted in a power of attorney has been modified bythe principal, a legal representative of the principal or a court;
(9) whether the authority of the attorney in fact has been terminated, exceptby an express provision in the power of attorney showing the date on which thepower of attorney terminates;
(10) whether the power of attorney, or any modification or terminationthereof, has been recorded, except as to transactions affecting real estate;
(11) whether the principal had legal capacity to execute the power ofattorneyat the time the power of attorney was executed;
(12) whether, at the time the principal executed the power of attorney, theprincipal was subjected to duress, undue influence or fraud, or the power ofattorney was for any other reason void or voidable, if the power of attorneyappears to be regular on its face;
(13) whether the principal is alive;
(14) whether the principal and attorney in fact were married at or subsequentto the time the power of attorney was created and whether an action forannulment, separate maintenance or divorce has been filed by either party; or
(15) the truth or validity of any facts or statements made in an affidavit ofthe attorney in fact or successor with regard to the ability or capacity of theprincipal, the authority of the attorney in fact or successor under the powerof attorney, the happening of any event or events vesting authority in anysuccessor or contingent attorney in fact, the identity or authority of a persondesignated in the power of attorney to appoint a substitute or successorattorney in fact or that the principal is alive.
(b) A third person, in good faith and without liability to the principal orthe principal's successors in interest, even with knowledge that the principalis disabled, may rely and act on the instructions of or otherwise contract anddeal with the principal's attorney in fact or successor attorney in fact actingpursuant to authority granted in a durable power of attorney.
(c) A third person that conducts activities through employees shall not bechargedunder this act with actual knowledge of any fact relating to a powerof attorney, nor of a change in the authority of an attorney in fact, unlessthe information is received at a home office or a place where there is anemployee with responsibility to act on the information, and the employee has areasonable time in which to act on the information using the procedures andfacilities that are available to the third person in the regular course of itsoperations.
(d) A third person, when being requested to engage in transactions with aprincipal through the principal's attorney in fact, may: (1) Require theattorney infact to provide specimens of the attorney in fact's signature and any otherinformationreasonably necessary or appropriate in order to facilitate the actions of thethird person in transacting business through the attorney in fact; (2) requirethe attorney in fact to indemnify the third person against forgery of the powerof attorney, by bond or otherwise. If the power ofattorney is durable as defined in subsection (a) of K.S.A. 58-652,and amendmentsthereto, and if either theprincipal or the attorney in fact seeking to act is and has been a resident ofthis state for at least two years, and if the attorney in fact has executed inthe name of the principal and delivered to the third person an indemnityagreement reasonably satisfactory in form to such third person, no such bondshall be required; and (3) prescribe the place and manner in which the thirdperson will be given any notice respecting the principal's power of attorneyand the time in which the third person has to comply with any notice.
58-658.Exemption of third persons fromliability.(a) A third person, who is acting in good faith, without liability to theprincipal or the principal's successors in interest, may rely and act on anypower of attorney executed by the principal. A third person, with respect tothe subjectsand purposes encompassed by or separately expressed in the power of attorney,may rely and act on the instructions of or otherwise contract and deal with theprincipal's attorney in fact or successor attorney in fact and, in the absenceofactual knowledge, as defined in subsection (c), is not responsible fordetermining and has no duty to inquire as to any of the following:
(1) The authenticity of a copy of a power of attorney furnished by theprincipal's attorney in fact or successor;
(2) the validity of the designation of the attorney in fact or successor;
(3) whether the attorney in fact or successor is qualified to act as anattorney in fact for the principal;
(4) the propriety of any act of the attorney in fact or successor in theprincipal's behalf, including, but not limited to, whether or not an act takenor proposed to be taken by the attorney in fact, constitutes a breach of anyduty or obligation owed to the principal, including, but not limited to, theobligation to the principal not to modify or alter the principal's estate planor other provisions for distributions of assets at death, as provided insubsection (a) of K.S.A. 58-656, and amendments thereto;
(5) whether any future event, condition or contingency making effective orterminating the authority conferred in a power of attorney has occurred;
(6) whether the principal is disabled or has been adjudicated disabled;
(7) whether the principal, the principal's legal representative or a courthas given the attorney in fact any instructions or the content of anyinstructions, or whether the attorney in fact is following any instructionsreceived;
(8) whether the authority granted in a power of attorney has been modified bythe principal, a legal representative of the principal or a court;
(9) whether the authority of the attorney in fact has been terminated, exceptby an express provision in the power of attorney showing the date on which thepower of attorney terminates;
(10) whether the power of attorney, or any modification or terminationthereof, has been recorded, except as to transactions affecting real estate;
(11) whether the principal had legal capacity to execute the power ofattorneyat the time the power of attorney was executed;
(12) whether, at the time the principal executed the power of attorney, theprincipal was subjected to duress, undue influence or fraud, or the power ofattorney was for any other reason void or voidable, if the power of attorneyappears to be regular on its face;
(13) whether the principal is alive;
(14) whether the principal and attorney in fact were married at or subsequentto the time the power of attorney was created and whether an action forannulment, separate maintenance or divorce has been filed by either party; or
(15) the truth or validity of any facts or statements made in an affidavit ofthe attorney in fact or successor with regard to the ability or capacity of theprincipal, the authority of the attorney in fact or successor under the powerof attorney, the happening of any event or events vesting authority in anysuccessor or contingent attorney in fact, the identity or authority of a persondesignated in the power of attorney to appoint a substitute or successorattorney in fact or that the principal is alive.
(b) A third person, in good faith and without liability to the principal orthe principal's successors in interest, even with knowledge that the principalis disabled, may rely and act on the instructions of or otherwise contract anddeal with the principal's attorney in fact or successor attorney in fact actingpursuant to authority granted in a durable power of attorney.
(c) A third person that conducts activities through employees shall not bechargedunder this act with actual knowledge of any fact relating to a powerof attorney, nor of a change in the authority of an attorney in fact, unlessthe information is received at a home office or a place where there is anemployee with responsibility to act on the information, and the employee has areasonable time in which to act on the information using the procedures andfacilities that are available to the third person in the regular course of itsoperations.
(d) A third person, when being requested to engage in transactions with aprincipal through the principal's attorney in fact, may: (1) Require theattorney infact to provide specimens of the attorney in fact's signature and any otherinformationreasonably necessary or appropriate in order to facilitate the actions of thethird person in transacting business through the attorney in fact; (2) requirethe attorney in fact to indemnify the third person against forgery of the powerof attorney, by bond or otherwise. If the power ofattorney is durable as defined in subsection (a) of K.S.A. 58-652,and amendmentsthereto, and if either theprincipal or the attorney in fact seeking to act is and has been a resident ofthis state for at least two years, and if the attorney in fact has executed inthe name of the principal and delivered to the third person an indemnityagreement reasonably satisfactory in form to such third person, no such bondshall be required; and (3) prescribe the place and manner in which the thirdperson will be given any notice respecting the principal's power of attorneyand the time in which the third person has to comply with any notice.
58-658.Exemption of third persons fromliability.(a) A third person, who is acting in good faith, without liability to theprincipal or the principal's successors in interest, may rely and act on anypower of attorney executed by the principal. A third person, with respect tothe subjectsand purposes encompassed by or separately expressed in the power of attorney,may rely and act on the instructions of or otherwise contract and deal with theprincipal's attorney in fact or successor attorney in fact and, in the absenceofactual knowledge, as defined in subsection (c), is not responsible fordetermining and has no duty to inquire as to any of the following:
(1) The authenticity of a copy of a power of attorney furnished by theprincipal's attorney in fact or successor;
(2) the validity of the designation of the attorney in fact or successor;
(3) whether the attorney in fact or successor is qualified to act as anattorney in fact for the principal;
(4) the propriety of any act of the attorney in fact or successor in theprincipal's behalf, including, but not limited to, whether or not an act takenor proposed to be taken by the attorney in fact, constitutes a breach of anyduty or obligation owed to the principal, including, but not limited to, theobligation to the principal not to modify or alter the principal's estate planor other provisions for distributions of assets at death, as provided insubsection (a) of K.S.A. 58-656, and amendments thereto;
(5) whether any future event, condition or contingency making effective orterminating the authority conferred in a power of attorney has occurred;
(6) whether the principal is disabled or has been adjudicated disabled;
(7) whether the principal, the principal's legal representative or a courthas given the attorney in fact any instructions or the content of anyinstructions, or whether the attorney in fact is following any instructionsreceived;
(8) whether the authority granted in a power of attorney has been modified bythe principal, a legal representative of the principal or a court;
(9) whether the authority of the attorney in fact has been terminated, exceptby an express provision in the power of attorney showing the date on which thepower of attorney terminates;
(10) whether the power of attorney, or any modification or terminationthereof, has been recorded, except as to transactions affecting real estate;
(11) whether the principal had legal capacity to execute the power ofattorneyat the time the power of attorney was executed;
(12) whether, at the time the principal executed the power of attorney, theprincipal was subjected to duress, undue influence or fraud, or the power ofattorney was for any other reason void or voidable, if the power of attorneyappears to be regular on its face;
(13) whether the principal is alive;
(14) whether the principal and attorney in fact were married at or subsequentto the time the power of attorney was created and whether an action forannulment, separate maintenance or divorce has been filed by either party; or
(15) the truth or validity of any facts or statements made in an affidavit ofthe attorney in fact or successor with regard to the ability or capacity of theprincipal, the authority of the attorney in fact or successor under the powerof attorney, the happening of any event or events vesting authority in anysuccessor or contingent attorney in fact, the identity or authority of a persondesignated in the power of attorney to appoint a substitute or successorattorney in fact or that the principal is alive.
(b) A third person, in good faith and without liability to the principal orthe principal's successors in interest, even with knowledge that the principalis disabled, may rely and act on the instructions of or otherwise contract anddeal with the principal's attorney in fact or successor attorney in fact actingpursuant to authority granted in a durable power of attorney.
(c) A third person that conducts activities through employees shall not bechargedunder this act with actual knowledge of any fact relating to a powerof attorney, nor of a change in the authority of an attorney in fact, unlessthe information is received at a home office or a place where there is anemployee with responsibility to act on the information, and the employee has areasonable time in which to act on the information using the procedures andfacilities that are available to the third person in the regular course of itsoperations.
(d) A third person, when being requested to engage in transactions with aprincipal through the principal's attorney in fact, may: (1) Require theattorney infact to provide specimens of the attorney in fact's signature and any otherinformationreasonably necessary or appropriate in order to facilitate the actions of thethird person in transacting business through the attorney in fact; (2) requirethe attorney in fact to indemnify the third person against forgery of the powerof attorney, by bond or otherwise. If the power ofattorney is durable as defined in subsection (a) of K.S.A. 58-652,and amendmentsthereto, and if either theprincipal or the attorney in fact seeking to act is and has been a resident ofthis state for at least two years, and if the attorney in fact has executed inthe name of the principal and delivered to the third person an indemnityagreement reasonably satisfactory in form to such third person, no such bondshall be required; and (3) prescribe the place and manner in which the thirdperson will be given any notice respecting the principal's power of attorneyand the time in which the third person has to comply with any notice.
