A durable power of attorney is a legal document that a person (the principal, grantor, or donor) signs to appoint another person as the grantor’s agent or attorney-in-fact—with authority to make financial and property-related decisions on behalf of the principal—including transactions involving business interests, investments, insurance, taxes, bills, real estate, stocks, bonds, commodities, personal property, Social Security, Medicare, Medicaid, and other financial matters.

A traditional power of attorney is effective only while the principal has full mental capacity, but a durable power of attorney remains effective if the principal becomes physically or mentally disabled or incapacitated (incompetent) from a stroke, Alzheimer’s disease, an automobile accident, or other cause. In some states the legislature has provided a form durable power of attorney in a statute (law) and the document may be referred to as a statutory durable power of attorney.

In Kansas, a Durable Power of Attorney (DPOA) is a legal instrument that allows an individual (the principal) to designate another person (the agent or attorney-in-fact) to manage their financial affairs and make decisions regarding their property. This includes handling business matters, investments, insurance, taxes, and real estate transactions, among other financial activities. The key feature of a DPOA is that it remains in effect even if the principal becomes incapacitated due to physical or mental illness, such as a stroke or Alzheimer's disease. Kansas law provides specific provisions for the creation and use of a DPOA, which must comply with state requirements to be valid. For instance, the DPOA must be in writing, signed by the principal, and notarized. While Kansas does not have a statutory form for a DPOA, the document must clearly state the intention for the power of attorney to be durable. It is advisable for individuals to consult with an attorney to ensure that the DPOA meets all legal requirements and accurately reflects their wishes.