According to Kansas Statute, an adult may prepare a written statement known as an Advance Directive to control the health care treatment decisions that can be made on that person behalf
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Medical power of attorney designating a surrogate to make health care decisions for a principal. Kansas law provides for both a Health Care Power of Attorney and a Living Will. You may use either or both of these forms |
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The Kansas Advance Health Care Directive is any written instructions concerning the making of medical treatment decisions on
behalf of the person who has provided the instructions. An advance medical directive includes Living Will Declaration and/or
Durable Power of Attorney for Health Care Decisions executed pursuant to Kansas Natural Death Act and K.S.A. 65-28, 103, K.S.A. 58-625, K.S.A. 2003 Supp. 58-59.
Legal Helpmate® provides you with two options 1) The Premium Package - Kansas Advance Health Care Directive contains the following documents:
DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS A Kansas Durable Power of Attorney for Health Care Decisions (DPOAHCD) is a legal document where the patient (Grantor) designates an Agent to make health care decisions, including the decision to consent or refuse to consent to emergency care. K.S.A. 58-625Our website provides you with Kansas Durable Power of Attorney for Health Care Decisions approved by Kansas law. The Agent designated pursuant to an advance directive may make health care decisions for the Grantor which the Grantor could make individually if he or she had decisional capacity, provided all the decisions shall be made in accordance with the desires of the Grantor as indicated in the advance directive. The attending physician should review the document to determine whether the Agent has the right to consent/refuse to consent to treatment. The Kansas Durable Power of Attorney for Health Care Decisions will tell the attending physician when the Agent can make health care decisions. Most DPOAHCDs are not effective until the patient is “impaired” as determined by the patient’s attending physician. However, some DPOAHCDs are effective regardless of whether the patient is impaired. K.S.A. 58-625; K.S.A 2003 Supp. 58-629(b). The Agent has a duty to act consistent with the expressed desires of the patient. When making any health care decision for the Grantor, the health care Agent shall consider the recommendation of the attending physician and honor the decision made by the Grantor as expressed in the advance directive. You may limit the authority of your health care Agent. If the attendant follows the Kansas Durable Power of Attorney for Health Care Decisions (DPOAHCD) and the latter is found to be invalid [i.e. not dated and witnessed by 2 appropriate witnesses etc.], the attendant will still be immune from legal liability as a result of following the DPOAHCD. K.S.A. 2003 Supp. 58-629(g) Unless otherwise specified in the Kansas medical durable power of attorney, if a Grantor revokes the appointment of an Agent or the Agent is unable or unwilling to serve, the appointment of the Agent is revoked. LIVING WILL DECLARATION The Kansas Living Will is a written instrument that contains your directions to physicians and family members regarding types of medical care you want or do not want in case you are incapacitated or unconscious and can not communicate with the world.Our website provides you with Kansas Health Care Directive forms approved by Kansas law. In you Living Will you can decide whether you want any of the following procedures:
Here are important definitions and explanations of the Kansas Living will that you shall know before making any further steps: This legal document must be:
It is the responsibility of Declarant to provide for notification to the Declarant's attending physician of the existence of the declaration. An attending physician who is so notified shall make the declaration, or a copy of the declaration, a part of the Declarant's medical records. The Kansas Living Will Declaration must be substantially in the statutory form and may include other specific directions. Should any of the other specific directions be held to be invalid, such invalidity shall not affect other directions of the declaration which can be given effect without the invalid direction, and to this end the directions in the declaration are severable. A declaration may be revoked at any time by the Declarant by any of the following methods:
The desires of a qualified patient at all times supersede the effect of the declaration. If the qualified patient is incompetent at the time of the decision to withhold or withdraw life sustaining procedures, the Kansas Living Will Declaration executed in accordance with K.S.A. 65-28,103 is presumed to be valid. Before signing this Kansas Living Will you need to discuss your treatment with your physician in as many details as possible, and consider types of treatments that you want/do not want to be performed for you when you are unable to express your wishes because of your illness. Please make sure to state clearly particular treatments you want or do not want. Do not sign these documents unless you clearly understand it. It is suggested that you keep the original of these forms on file with your physician and family members. If there is something you do not understand about these Kansas Living Will Declaration and Kansas Durable Power of Attorney for Health Care Decisions you should consult an attorney. |
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