A Kansas Health Care Directive and Living Will From the Comfort of Home
FindLaw, in partnership with experienced attorneys, has created Kansas health care directive and living will forms that you can complete from the comfort of home. Just follow along with our step-by-step process to create your customized document in less than an hour.
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Reliable and Quick Kansas Health Care Directives and Living Wills
If you are ever hospitalized and unable to communicate your wishes, your family members and medical providers may have to make medical decisions for you that you would not have wanted. With a health care directive and living will, you can make your own choices about future medical issues such as the withdrawal of life-sustaining treatment. In addition to giving you peace of mind, this can spare your loved ones from having to make difficult choice on your behalf.
Kansas Health Care Directive and Living Will Options to Suit Your Needs
Health Care Directive & Living Will
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A do-it-yourself health care directive & living will that’s easy to personalize.
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Estate Planning Package
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All the forms you need to create a personal estate plan.
How It Works
Create your health care directive & living will in under an hour.
Answer Some Questions
Decide who will be your health care agent/proxy and which medical treatments you would request or refuse.
Create an Account
Creating an account is easy, quick, and secure. Save your information as you go and return when you have time.
Complete Your Document
Once you answer the relevant questions, we do the hard part and create your unique document.
Sign & Make It Legal
Sign your document according to the instructions. Keep the signed form, and give a copy to your doctors and agent/proxy.
What’s Next To Make My Kansas Health Care Directive and Living Will Valid?
Follow these steps: See full process
Make decisions on your medical care.
A health care directive and living will is a legal document you can use to make your wishes about medical care known. In your health care directive and living will, you will specify whether you would request the withdrawal of life-sustaining procedures in the event of a terminal condition. This is a difficult decision to make and will depend on your personal preferences and beliefs. If you have any trouble with this choice, it can help to discuss it with a trusted doctor and your loved ones.
Choose your health care agent.
Under chapter 58 of the Kansas statutes, you have the option of naming someone to make health care decisions for you if you become unable to make them for yourself. This person is known as an “attorney-in-fact.” People commonly refer to this person as a “health care agent.” This person does not need to be an attorney but should be someone who knows you well. Many people choose a close family member like a spouse, sibling, or adult child as their agent.
The document you will use to name a health care agent is called a durable power of attorney for health care decisions (a “POA”). This is another type of advance directive you may wish to have in addition to your living will.
If you select a health care agent, make sure to choose someone who is familiar with your health care wishes and is willing to assert them to your doctors and family members. You may want to choose someone who lives nearby and will be available at short notice.
Sign your health care directive and living will.
To make your Kansas health care directive and living will legally valid, you must sign and date it or direct someone to do so on your behalf and in your presence. You must also have your health care directive and living will witnessed. Under the Kansas Natural Death Act, you can fulfill the witnessing requirement in two ways. One option is to sign your health care directive and living will in front of a notary public. As an alternative, you can sign in the presence of two witnesses who are at least 18 years old.
There are a few restrictions on your choice of witnesses. The following individuals may not witness your health care directive and living will:
- Someone who signed your document on your behalf
- Anyone who is related to you through blood or marriage
- Anyone who might inherit from you
- People who are financially responsible for your medical care
These restrictions may eliminate most of your close friends and family from acting as witnesses. For this reason, it is often more convenient in Kansas to notarize your health care directive and living will rather than having it witnessed.
Distribute your health care directive and living will.
After you have properly signed your document, you need to make sure that the right people have copies of it. If you named a health care agent, you should give them a copy to help them understand your end-of-life medical treatment wishes. You should also give a copy to your health care provider so that they can make it part of your medical record. To make sure that loved ones have access to your document if necessary, you should put a copy in a secure place that a trusted person knows about.
Update your advance directives.
You should make sure to update your estate planning documents from time to time to ensure that they remain in line with your preferences. Whenever you go through a significant life event, you may want to review your estate plan.
Major life events that could cause you to reconsider your estate planning choices (including your health care directive and living will) include:
- Marriage or divorce
- A new diagnosis
- An interstate move
In the case of marriage or divorce, you may wish to change your health care agent. If you have recently relocated to a new state, it’s a good idea to create a new health care directive and living will that reflects state law.
You May Want to Speak With a Lawyer if:
- Your family disagrees with your medical choices
- You don’t know who to appoint as your agent
- You have questions about life prolonging measures
- You want legal review of your completed document
Ready to get started on Your Kansas healthcare directive & living will? It’s free to start.Create My Form
Kansas Health Care Directive and Living Will FAQs
To comply with Kansas law, there are certain basic requirements your health care directive and living will must meet:
- You must be an adult when you sign.
- The document must be in writing.
- You must sign and date it or direct someone to do so for you.
- There must be two adult witnesses present when you sign, or it must be notarized.
Your health care directive and living will should also be substantially in the same format as the one provided by Kansas statutes. However, it can contain additional instructions. If you create your living will through FindLaw, you will receive an attorney-approved document that is customized to you and tailored to Kansas laws.
A last will and testament (a “will”) is the key estate planning document. You can use a will to describe how you would like your assets to be distributed after your death. If you have minor children, you can name guardians for them through your will. But you cannot use a will to address health care issues. To specify your medical treatment preferences, you will need a health care directive and living will.
A health care directive and living will is a legal document that you can use to make health care choices in advance. Through your health care directive and living will, you can make your wishes known on the issue of life-sustaining treatment in the event of a terminal condition. A living will is not effective after your death, and you cannot use it to provide for the distribution of your assets. A good estate plan can contain both a will and a health care directive and living will.
Yes. It can be helpful to have both a health care agent and a health care directive and living will. A health care agent will have the ability to make health care decisions for you in the event that you become medically incapacitated. If you become incapacitated, you might be able to recover but you cannot give informed consent about your own treatments. At that point, your health care agent’s legal duty would be to make the treatment choices that would be in your best interest.
If there are specific treatments you do not want your health care agent to be able to consent to, you can limit your agent’s powers as you see fit. You just need to make those specific limitations clear in your POA document.
On the other hand, a living will only becomes effective in Kansas in the event of a terminal condition. So, if you are ever medically incapacitated but not terminally ill, your health care agent can make the medical choices that they believe you would have wanted under the circumstances.
Health care providers are under a legal obligation to comply with the provisions of your health care directive and living will if they are aware of its existence. If your doctor is unwilling to carry out the terms of your living will, health care directive and Kansas law requires them to transfer you to another doctor. If they do not follow the directions in your will or transfer you to another doctor, they can face disciplinary measures for unprofessional conduct.
You have the right to change your mind and revoke your health care directive and living will at any time. You can use any of the following methods to legally revoke your document:
- Create a written revocation. You need to sign and date this document or direct someone to do so for you.
- Tear up, burn, or otherwise physically destroy your health care directive and living will with the intention to revoke it
- Make a verbal statement declaring your intention to revoke
If you perform a revocation through a verbal statement, there must be at least one witness present who is 18 years old or older. The witness must sign and date a written confirmation of the revocation. If you happen to be hospitalized at the time, you need to make sure that the attending physician receives the revocation. The revocation will not become effective until they receive a copy of it.
Although a verbal revocation is legally sufficient under Kansas law, it is safer to create a written revocation. That way, you will know that the written documentation of your living will is correct and reflects your wishes.
To revoke your living will through writing, you should consider creating a new living will that revokes all prior ones. You can create a new living will with FindLaw in about half an hour for only $35.
Complex Family Situation? Need Additional Guidance?
Contact a local estate planning attorney.
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