Do I Need to Have My Kansas Living Will Witnessed or Notarized?

In Kansas, you must sign your health care directives in front of witnesses or a notary public.



In Kansas, your health care directives can include one or two documents, depending on your wishes. If you want to leave instructions for your health care, you may make a living will (sometimes called a declaration). If you want to name a person to make health care decisions for you (called your health care agent), you will make a durable power of attorney for health care decisions. Most people benefit from making both documents.

Sign Your Kansas Health Care Directives in Front of Two Witnesses or a Notary Public

After you create your documents, you must sign them and have them notarized or signed by two witnesses.

If you choose to have your declaration witnessed, neither of your witnesses may be:

  • under the age of 18
  • the person who signed your declaration for you, if you were unable to sign it yourself
  • related to you by blood or marriage
  • entitled to any part of your estate by operation of law or under your will, or
  • directly financially responsible for your health care.

If you choose to have your power of attorney witnessed, neither of your witnesses may be:

  • under the age of 18
  • your agent for health care decisions
  • related to you by blood, marriage or adoption
  • entitled to any part of your estate by operation of law or under your will, or
  • directly financially responsible for your health care.

What to Do With Your Signed Health Care Directives

After you sign your documents and have them witnessed or notarized, they are legally valid. Keep the originals in your files and give copies to your health care agent, if you named one. To ensure that you get the health care that you want, it’s a good idea to make your wishes widely known. You might also consider giving copies of your declaration and power of attorney to your physician, your hospital, your HMO or other insurance plan, and trusted family members and friends.

Review your documents every few years to make sure that they still reflect your wishes. Also, consider making new documents if you move to another state, get married or divorced, or if your agent is no longer able to supervise your wishes.

Your properly finalized documents will stay in effect until you revoke them, if you ever choose to do so. It’s best to revoke in writing. If possible, also collect and tear up all copies that you may have distributed to others. Finally, tell everyone who knows about your declaration and power of attorney that you have revoked them.

More Information

Learn more about Living Wills and Medical Powers of Attorney.

Learn more about Kansas Living Wills and Durable Powers of Attorney for Health Care Decisions.

When you make a health care directive with Quicken WillMaker Plus, it will conform to Kansas law. It will also print with plain English instructions that tell you how to make it legal. 

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