Kathleen Sebelius, Governor
Kathy Greenlee, Secretary
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Frequently Asked Questions - Advanced Directives

What is an Advance Directive?

A written document that tells doctors and health care providers how you would want medical decisions you have made to be carried out. An Advance Directive will allow you to make decisions about your future health care if you are not able to make those decisions at the time treatment is recommended. It also tells your doctor and loved ones what treatment you want or do not want. There are two basic kinds of advance directives: living wills and durable power of attorney for health care decisions.

What happens if I die without a Will?

If you die without a valid will, which is called dying intestate, all of your property, other than what is held jointly, will be distributed among your surviving relatives according to Kansas laws. Your estate will be divided into various portions depending on whether a spouse, child(ren), parent(s) or other categories of relatives survive.

What is a "Living Will"?

A written document instructing your physician or health care provider on the type of medical care you want or do not want if you should become unable to make these decisions for yourself. The "Living Will" must be witnessed by two adults who are not related to you, not entitled to any part of your estate by will or otherwise, and not financially responsible for your medical care.

What is Power of Attorney?

A document by which one person (the principal) gives legal authority to another (the agent or attorney-in-fact) to act on behalf of the principal. The authority the principal gives the agent can be very broad or can be limited to one or two specific acts. (Caution - Consult with an attorney before signing this type of Power of Attorney)

What is Durable Power of Attorney?

Provides authority to handle financial affairs. It can be either broad or limited and is not affected by subsequent disability or incapacity of the principal. It is called durable because it continues to be effective even after the principal has lost capacity due to illness or injury. (Caution - Consult with an attorney before signing this type of Power of Attorney)

What is Durable Power of Attorney for Health Care Decisions?

A written document that designates another person to serve as your agent for purposes of making health care decisions when you are unable to do so. The document must contain language expressing that this power is to remain in force even if you are incapacitated.

For this document to be valid, it must be dated and signed in the presence of at least two witnesses who are at least 18 years of age. Neither witness can be your agent if they are related to you by blood, marriage or adoptions, entitled to any of your estate, or directly financially responsible for your health care. As an alternative, the Durable Power of Attorney for Health Care Decisions may be acknowledged before a notary public. This document must be given to the attending physician.

What is Incapacity or Incompentency?

Terms used to refer to a person’s inability to make and then act upon personal and/or property decisions on their behalf.

How and when do I report elder abuse, neglect or exploitation?

If you suspect or know of an incident:

  1. In a non-institutional setting, contact the Kansas Department of Social and Rehabilitation Services (SRS) at 1-800-922-5330 or contact your local SRS office.
  2. In an institution or care facility, contact the Kansas Department of Health and Environment at 1-800-842-0078.
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Page Last Updated: March 12, 2008