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

Why not just use an online template?

A trust that’s drafted wrong—or never properly funded—won’t work when your family needs it to. Online forms aren’t built around your specific assets, your family situation, or Kansas law.

Should I put my house in a trust?

Often, yes. It lets the home pass to your heirs without going through court. There are some things to consider around your mortgage and Kansas homestead exemptions—Lisa can walk through those specifics with you.

How much does a trust cost in Kansas?

It depends on what’s involved and what other documents make sense to include. Lisa goes over fees clearly at your first meeting.

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.

About Our Leading Attorney, Lisa Ward

Lisa Ward graduated summa cum laude from Washburn University School of Law and spent nearly three decades at larger firms, including nineteen years as a partner. She opened Lisa Ward Law, LLC on Columbian Road in Wamego to work with clients directly—smaller caseload, real relationships, enough time to actually understand what a family needs before recommending anything.

She serves on a local bank board and understands how property ownership and financing work in this part of Kansas—not just in the abstract.

Lisa and her husband Roger founded the Tough2gether Foundation after losing their son Jace to DIPG, a rare pediatric brain cancer. She understands, more than most, why having things in order matters.

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Start Drafting Your Trust Today

Most people put this off. But the families most grateful for a trust aren’t the ones who set it up—it’s the ones who inherited from someone who did. Have an honest conversation with Lisa about what you’ve built and who you want to protect. She’ll take it from there.