According to Kansas law, an adult may prepare a written Directive to control the health care treatment decisions that can be made on that person behalf
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Kansas power of attorney for health care (medical power of attorney) gives the person you name as your agent the authority to make any and all health care decisions for you in accordance with your wishes |
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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. 58-625
Our 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. Do not sign this Kansas Durable Power of Attorney for Health Care Decisions unless you clearly understand it. It is suggested that you keep the original of this document on file with your physician and family members. |
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