For an affidavit to be valid, it is essential that the affidavit be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.
The following form is by an affiant as an attorney-in-fact.
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The Documents: Durable power of attorney for health care decisions: A written document in which you authorize someone whom you name (your ?agent? or ?attorney-in-fact?) to make health care decisions for you in the event you are unable to speak for yourself.
Kansas does not permit holographic (handwritten) wills. However, it does permit nuncupative (oral) wills if you make it during a time of your last sickness, someone witnessed this, and your statements were reduced to writing and witnessed by two people.
Notary is basically where Stamp paper is executed and is attested by Notary public that the signer is true or not and Affidavit is when you sign a document in the presence of a notary or an oaths commissioner, it gains legal status and contains facts and information you firmly believe to be accurate.
The rules are different in each state; however, in Kansas, your Power of Attorney will need to be notarized. If your agent(s) will have the authority to handle real estate transactions, the Power of Attorney must be signed by a notary and recorded or filed with the county.
If you are involved in a court proceeding or are having a will or power of attorney created by a lawyer, the attorney will prepare the affidavit forms.
A Power of Attorney allows the holder of the POA to take clearly defined actions and decisions on behalf of the donor in this case. The person who gives the power of attorney (POA) is known as the donor while the person who gets the POA is called the holder.
A Power of Attorney (PoA) can be revoked while the principal is mentally sound. If the principal passes away, it is automatically canceled. To revoke a PoA, the principal must provide written notice to the agent, sign the document in the presence of a notary public, and deliver it to the agent.
Validity of Out-of-State Power of Attorneys Any durable power of attorney for health care decisions which is valid under the laws of the state of the principal's residence at the time it was signed is valid under Kansas law.
