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Kansas About Living Wills
Kansas allows citizens to create a living will, a specific kind of document used when you are no longer able to communicate your health care wishes. Kansas living wills are specifically allowed by statute and apply only in specific situations. Talk to a Kansas attorney if you need legal advice about using a living will in the state.
Requirements
The Kansas Natural Death Act governs how a living will must be constructed. Only an adult can create a living will in Kansas and can only do so in writing. The declarant must sign the living will, date it and do so in the presence of at least two competent adult witnesses. While the state provides a sample form people can use in Kansas Statutes Annotated section 65-28,103, the form is not required, and any living will that meets the legal requirements are acceptable.
Limitations
The terms of a Kansas living will only apply under certain circumstances. The Kansas Bar Association states that your living will only applies when you receive life-sustaining treatments or care for a terminal illness. For the will to apply if you are terminally ill, two physicians have to declare your illness terminal. Also, if you're a pregnant woman, the conditions of your living will do not apply.
Revocations
Kansas residents, so long as they remain mentally competent, can revoke their living wills at any time. They can do this in one of three ways: by physically destroying the document, writing a new document that revokes the old living will or by verbally revoking the living will in the presence of adult witnesses. If verbally revoking in the presence of witnesses, those witnesses must then sign a written declaration of the revocation.
Durable Powers of Attorney for Health Care
Kansas citizens can also create a durable power of attorney for health care, a different form of advance directive that can be used by itself or in conjunction with a living will. A durable powers of attorney for health care gives someone else the right to make health care decisions for you. These documents can expand on the terms of your living will and include terms or decisions about care that your living will doesn't.
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