State Codes and Statutes

Statutes > Kansas > Chapter58 > Article6 > Statutes_22170

58-660

Chapter 58.--PERSONAL AND REAL PROPERTY
Article 6.--POWERS AND LETTERS OF ATTORNEY

      58-660.   Delegation of powers; successor attorneys infact; court appointments.(a) If the principal has expressly authorized suchdelegationpursuant to subsection (f) of K.S.A. 58-654, and amendments thereto,an attorneyin fact or successor from time to timemay revocably delegate any or all of the powers granted in a durable power ofattorney to one or more qualified persons, subject to any directions orlimitations of the principal expressed in the durable power of attorney, butthe attorney in fact making the delegation shall remain responsible to theprincipal for the exercise or nonexercise of the powers delegated.

      (b)   The principal in a durable power of attorney may revocably: (1) Name oneormore qualified persons as successor attorneys in fact to exercise the authoritygranted in the durable power of attorney in the order named in the event aprior named attorney in fact resigns, dies, becomes disabled, is not qualifiedto act or refuses to act; and(2) grant a power to another person, designated by name, by office or byfunction, including the initial and any successor attorneys in fact, wherebythere may be revocably named at any time one or more successor attorneys infact.

      (c)   A delegated or successor attorney in fact need not indicate such attorneyin fact's capacity as a delegated or successor attorney in fact.

      (d)   If there is no attorney in fact or successor designated in a durablepower of attorney who is willing, able and available to act, the court in lieuof appointing a conservator may appoint any adult person or financialinstitution as successor attorney in fact to act pursuant to the disabledprincipal's durable power of attorney, with or without bond and with or withoutcourt supervision, upon such terms and conditions as the court may require.None of the actions described in this subsection shall be taken by the courtuntil after hearing upon reasonable notice to all persons identified in averified statement supplied by the petitioner who is requesting such actionidentifying the immediate relatives of the principal and any other personsknown to the petitioner to be interested in the welfare of the principal.Except that in the event of an emergency as determined by the court, the court,without notice, may enter such temporary order as seems proper to the court,but no such temporary order shall be effective for more than 30 days unlessextended by the court after hearing on reasonable notice to the personsidentified as herein provided.

      History:   L. 2003, ch. 58, § 11; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter58 > Article6 > Statutes_22170

58-660

Chapter 58.--PERSONAL AND REAL PROPERTY
Article 6.--POWERS AND LETTERS OF ATTORNEY

      58-660.   Delegation of powers; successor attorneys infact; court appointments.(a) If the principal has expressly authorized suchdelegationpursuant to subsection (f) of K.S.A. 58-654, and amendments thereto,an attorneyin fact or successor from time to timemay revocably delegate any or all of the powers granted in a durable power ofattorney to one or more qualified persons, subject to any directions orlimitations of the principal expressed in the durable power of attorney, butthe attorney in fact making the delegation shall remain responsible to theprincipal for the exercise or nonexercise of the powers delegated.

      (b)   The principal in a durable power of attorney may revocably: (1) Name oneormore qualified persons as successor attorneys in fact to exercise the authoritygranted in the durable power of attorney in the order named in the event aprior named attorney in fact resigns, dies, becomes disabled, is not qualifiedto act or refuses to act; and(2) grant a power to another person, designated by name, by office or byfunction, including the initial and any successor attorneys in fact, wherebythere may be revocably named at any time one or more successor attorneys infact.

      (c)   A delegated or successor attorney in fact need not indicate such attorneyin fact's capacity as a delegated or successor attorney in fact.

      (d)   If there is no attorney in fact or successor designated in a durablepower of attorney who is willing, able and available to act, the court in lieuof appointing a conservator may appoint any adult person or financialinstitution as successor attorney in fact to act pursuant to the disabledprincipal's durable power of attorney, with or without bond and with or withoutcourt supervision, upon such terms and conditions as the court may require.None of the actions described in this subsection shall be taken by the courtuntil after hearing upon reasonable notice to all persons identified in averified statement supplied by the petitioner who is requesting such actionidentifying the immediate relatives of the principal and any other personsknown to the petitioner to be interested in the welfare of the principal.Except that in the event of an emergency as determined by the court, the court,without notice, may enter such temporary order as seems proper to the court,but no such temporary order shall be effective for more than 30 days unlessextended by the court after hearing on reasonable notice to the personsidentified as herein provided.

      History:   L. 2003, ch. 58, § 11; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter58 > Article6 > Statutes_22170

58-660

Chapter 58.--PERSONAL AND REAL PROPERTY
Article 6.--POWERS AND LETTERS OF ATTORNEY

      58-660.   Delegation of powers; successor attorneys infact; court appointments.(a) If the principal has expressly authorized suchdelegationpursuant to subsection (f) of K.S.A. 58-654, and amendments thereto,an attorneyin fact or successor from time to timemay revocably delegate any or all of the powers granted in a durable power ofattorney to one or more qualified persons, subject to any directions orlimitations of the principal expressed in the durable power of attorney, butthe attorney in fact making the delegation shall remain responsible to theprincipal for the exercise or nonexercise of the powers delegated.

      (b)   The principal in a durable power of attorney may revocably: (1) Name oneormore qualified persons as successor attorneys in fact to exercise the authoritygranted in the durable power of attorney in the order named in the event aprior named attorney in fact resigns, dies, becomes disabled, is not qualifiedto act or refuses to act; and(2) grant a power to another person, designated by name, by office or byfunction, including the initial and any successor attorneys in fact, wherebythere may be revocably named at any time one or more successor attorneys infact.

      (c)   A delegated or successor attorney in fact need not indicate such attorneyin fact's capacity as a delegated or successor attorney in fact.

      (d)   If there is no attorney in fact or successor designated in a durablepower of attorney who is willing, able and available to act, the court in lieuof appointing a conservator may appoint any adult person or financialinstitution as successor attorney in fact to act pursuant to the disabledprincipal's durable power of attorney, with or without bond and with or withoutcourt supervision, upon such terms and conditions as the court may require.None of the actions described in this subsection shall be taken by the courtuntil after hearing upon reasonable notice to all persons identified in averified statement supplied by the petitioner who is requesting such actionidentifying the immediate relatives of the principal and any other personsknown to the petitioner to be interested in the welfare of the principal.Except that in the event of an emergency as determined by the court, the court,without notice, may enter such temporary order as seems proper to the court,but no such temporary order shall be effective for more than 30 days unlessextended by the court after hearing on reasonable notice to the personsidentified as herein provided.

      History:   L. 2003, ch. 58, § 11; July 1.