Durable Power of Attorney

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Do you know what would happen to your bills and legal matters if you suddenly couldn't manage them yourself?

Most people don’t think about it until something goes wrong. Let say you had a stroke, a serious accident, or an unexpected diagnosis. Well, your mortgage is still due, bills still stack up, and nobody—not even your spouse—has the legal authority to do anything about it. If you had a durable power of attorney, someone you trust would have the legal ability to step in, pay your bills, manage your accounts, and keep things from falling apart. Without one, your family is stuck in a court process that takes months and costs thousands of dollars just to get permission to help you. Lisa Ward Law has helped families across Wamego, Manhattan, St. Marys, Pottawatomie, and Riley County get this right. With over 30 years of estate planning in Kansas, Lisa makes sure every client walks away with a document that actually serves them.

What a Durable Power of Attorney Does

A durable power of attorney can be broad or limited, depending on what you need. When Lisa Ward Law drafts your durable power of attorney, your chosen person (called an agent) can be authorized to pay bills and manage bank accounts, file tax returns, buy or sell real estate and farmland, manage investments, apply for government benefits like Medicaid, and keep a business or farm operation running. You don’t have to allow them to manage all of the above; those are just your options. Under K.S.A. 58-656, the person you name must act in your best interest, keep your assets separate from their own, and maintain accurate records. It’s a defined, legally enforceable role.

What Happens If You Don't Have A Durable Power of Attorney

If you become incapacitated without a durable power of attorney, nobody—not your spouse, not your adult kids, not your closest family member—can legally touch your finances. Not without going to court first. That court process is called a conservatorship, and under K.S.A. 59-3050 et seq., it means filing paperwork, attending hearings at the Pottawatomie County District Court at 108 North 1st Street in Westmoreland, and waiting on a judge to appoint someone to manage your financial and legal matters. It takes months, it costs thousands, and the person the court picks may not be who you would have chosen. All while this is happening, your bills are still due. A durable power of attorney bypasses all of that. You pick someone you trust, define the scope of their authority, have our team help you create a simple document, and your family never has to walk into that courthouse. It costs a fraction of what a conservatorship runs, and it gives you something a court order never can: your own choice about who takes care of things.

Frequently Asked Questions

Does a durable power of attorney have to be notarized in Kansas?

Yes. Under K.S.A. 58-652, it must be signed and acknowledged before a notary to be legally valid. Skip that step, and banks, title companies, or government agencies may reject it. Lisa Ward Law handles proper execution as part of every engagement.

Can I name more than one person as my agent?

Yes. You can name a backup in case your first choice isn’t available.

Can I change or cancel it later?

Yes, as long as you’re mentally competent. Under K.S.A. 58-652, if it was filed with the county, the cancellation needs to be filed there too.

My spouse and I own everything together. Do we still need a durable power of attorney?

Yes. A joint account is accessible to both of you, but retirement accounts and anything titled only in your name can’t be touched by your spouse without legal authority. A durable power of attorney makes sure they have it.

Does this cover medical decisions too?

No. A durable power of attorney covers financial and legal matters only. Medical decisions require a separate Advanced Healthcare Directive under K.S.A. 65-28,101 et seq. Lisa Ward Law handles both, and most clients get them done together.

The Lisa Ward Law Approach

Many people put off getting a durable power of attorney because they either don’t know where to start or assume they’ll be fine and don’t need it. It’s one of the most important documents in your estate plan and one of the least talked about. When you come to Lisa Ward Law, we talk through your family, your finances, and who you’d trust to step in. We’ll explain what the document does, help you figure out the right person to name, and make sure you leave with something that fits your life perfectly. We’re based in Wamego, meaning we know the local landscape and our community very well. We love to serve it.

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A durable power of attorney is one of those things that’s easy to put off because nothing bad has happened yet. But it’s also one of the simplest documents to get in place, and one of the most valuable ones to have. If you’re ready to take care of it, our team is ready to help.