Planning for Incapacity

Question 1

Durable power of attorney

Answer 1

designates another as the principal’s attorney in fact,

authority of the attorney in fact does not terminate in the event the principal becomes disabled or in the event of later uncertainty as to whether the principal is dead or alive

Question 2

Durable power of attorney for health care decisions

Answer 2

power of attorney by which a principal designates another as the principal’s agent in writing to make decisions on behalf of the principal regarding the principal’s health care and related decisions.

The writing must contain the words “this power of attorney for health care decisions shall not be affected by subsequent disability or incapacity of the principal,” “this power of attorney for health care decisions shall become effective upon the disability or incapacity of the principal,” or similar words

Question 3

Living will (declarations)

Answer 3

The Kansas Natural Death Act (K.S.A. 65-28,101, et seq.) permits any adult person to execute a declaration that directs the withholding or withdrawal of life sustaining procedures when such person is determined, pursuant to the Act, to have a terminal condition.