Kansas law allows any competent adult may execute a document, known as living will or directive to physician in Kansas, directing that life-sustaining procedures be withheld or withdrawn
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Kansas Advance Health Care Directive. It is not mandatory that you have health care directive, however it is highly recommended. Without advance directive you can not communicate your wishes to the doctor |
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Kansas law provides for both a Health Care Power of Attorney and a Living Will. You may use either or both of these forms. If you only want to appoint your health care Agent and do not want to address "end of life" treatment now, you might consider signing a Health Care Power of Attorney. 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. In you Living Will you can decide whether you want any of the following procedures:
Here are important Kansas Living Willdefinitions and explanations of the Kansas Living will that you shall know before making any further steps: This 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 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: by being obliterated, burnt, torn, or otherwise destroyed or defaced in a manner indicating intention to cancel; by a written revocation of the declaration signed and dated by the Declarant or person acting at the direction of the Declarant; or by a verbal expression of the intent to revoke the declaration, in the presence of a witness eighteen (18) years of age or older who signs and dates a writing confirming that such expression of intent was made. Any verbal revocation shall become effective upon receipt by the attending physician of the above mentioned writing. 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, a declaration executed in accordance with K.S.A. 65-28,103 is presumed to be valid. A "life sustaining procedure" is any medical procedure or intervention which, when applied to a qualified patient, would serve only to prolong the dying process and where, in the judgment of the attending physician, death will occur whether or not such procedure or intervention is utilized. "Life sustaining procedure" does not include the administration of medication or the performance of any medical procedure deemed necessary to provide comfort care or to alleviate pain. A "qualified patient" is a patient who has executed a declaration in accordance with the statute and who has been diagnosed and certified in writing to be afflicted with a terminal condition by two physicians who have personally examined the patient, one of whom shall be the attending physician. An Attending Physician means the physician (selected by or assigned to you) who has primary responsibility for your treatment and care. A Physician means a person licensed to practice medicine and surgery. An attending physician who refuses to comply with the declaration of a qualified patient must transfer the patient to the care of another physician. In the Kansas Health Care Power of Attorney you designate your health care Agent and discuss the powers you grant to your Agent. An 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. 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. |
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