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A Kansas living will, also known as an advance directive, is used to direct others in your medical care if you are no longer able to make decisions related to medical procedures. It is a legal document.
A Kansas living will is also used to appoint someone to make medical decisions for you if you cannot do it. Under state law, it is not permitted for the person named to be: your healthcare provider, an employee of your healthcare provider, or an employee, owner, or operator of a healthcare facility unless they are family members related to you by adoption, blood, or marriage. Another exception is if the person has vowed to lead a religious life and regularly participates in religious, charitable, educational activities, or performs healthcare duties. Your living will must be signed by two witnesses and be notarized according to Kansas statutes.
A living will declaration is not the same as a power of attorney, a durable power of attorney, or a health care power of attorney. Only a living will declaration can be used for end-of-life decisions such as a do not resuscitate order or life-sustaining treatment. If you are interested in a power of attorney, you should seek legal advice.
KSA 65-28,101: The law states the purpose of a living will is to enable the wishes of the patient to be respected when they are no longer able to make their own decisions. This includes the decision to withhold or withdraw life-sustaining conditions for terminal conditions. The Kansas Bar Association provides a free PDF of an advance directive.
A living will only relates to medical decisions. To make your decisions known about how you’d like your belongings distributed after your death to your loved ones, you should create a Kansas last will and testament.
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