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The designee shall sign the principal's name to the power of attorney in the presence of a notary public, following which the document shall be acknowledged in the manner prescribed by K.S.A. 53-501 et seq., and amendments thereto, to the same extent and effect as if physically signed by the principal.
Durable Power of Attorney This is the most common type of POA?it gives your agent the power to make decisions relative to some issues if you are incapacitated. It also empowers your agent to act on your behalf in legal matters and other vital matters during a time when you can't be present.
This document must be: (1) Witnessed by two individuals of lawful age who are not the agent, not related to the principal by blood, marriage or adoption, not entitled to any portion of principal's estate and not financially responsible for principal's health care; OR (2) acknowledged by a notary public.
Create the POA Using a Form, Software or an Attorney The Kansas Judicial Council has created a form you can use to create your power of attorney, but it is not as customizable as some other options. Some private companies also offer forms or templates with blanks that you can fill out to create your POA.
One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agent's activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.
New York's new POA law requires that the principal's signature be notarized in addition to the POA being signed with two witnesses present (note that the notary can be one of your witnesses). New York's old power of attorney law also required POAs to be notarized, but didn't require them to be witnessed.