reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-224 Same; notice requirements; cost of posting.

58-224.
Same; notice requirements; cost of posting.
The mailing of a registered or certified letter with a return address marked thereon, addressed to the owner or owners, at their address given at the time of delivery of the article or articles to a person, firm, partnership, or corporation to render any of the services or labors as set out in K.S.A. 58-222 and 58-223, stating the time and place of sale, shall constitute notice. Said notice shall be at least thirty (30) days before the date of sale. The cost of posting or mailing said letter shall be added to the charges.
History:
L. 1961, ch. 266, § 3; June 30.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-225 Same; disposition of overplus from sale.

58-225.
Same; disposition of overplus from sale.
The person, firm, partnership, or corporation to whom the charges are payable, shall, from the proceeds of sale deduct the charges due plus the cost of notifying the owner and shall hold the overplus, if any, subject to the order of the owner, and shall immediately thereafter mail to the owner thereof at his or her address, if known, a notice of the sale, the amount of overplus, if any, due the owner, and at any time within twelve (12) months, upon demand by the owner, pay to the owner said sums or overplus in his or her hands.
History:
L. 1961, ch. 266, § 4; June 30.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-226 Same; posting notices in receiving offices.

58-226.
Same; posting notices in receiving offices.
All persons, firms, partnerships, or corporations taking advantage of this act shall keep posted in a prominent place in their receiving office or offices at all times two (2) notices which shall read as follows: "All articles cleaned, pressed, glazed, laundered, washed, altered or repaired not called for in ninety (90) days shall be sold to pay the charges," and "All articles stored by agreement, and charges not having been paid for twelve (12) months will be sold to pay charges."
History:
L. 1961, ch. 266, § 5; June 30.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-227 Liens on mobile and manufactured homes; removal from leased or rented space; enforcement of lien.

58-227.
Liens on mobile and manufactured homes; removal from leased or rented space; enforcement of lien.
(a) Any person leasing or renting space for a manufactured home or mobile home site shall have a lien upon any manufactured home or mobile home situated thereon for unpaid lease or rental payments and for other unpaid charges due such lessor under the written terms and conditions of any lease or rental agreement with the lessee. Such lien shall be effective after the lessee has defaulted in payments as provided in the written rental or lease agreement with the lessor. Notice of such lien shall be given by the lessor by causing written notice of such lien to be posted conspicuously upon such manufactured home or mobile home.
The lien provided by this act shall have priority over all other liens except a previous validly perfected security interest in such manufactured home or mobile home.
(b) At any time after 30 days beyond the date notice is given to the lessee, the lessor may remove the manufactured home or mobile home from the leased or rented site and may retain such lien as is provided in this act. Upon such removal, reasonable charges for such removal and storage may be assessed against the manufactured home or mobile home. Notwithstanding the foregoing no manufactured home or mobile home may be removed pursuant to this subsection if such manufactured home or mobile home is occupied by the lessee; in such cases the lessor may obtain restitution of the premises pursuant to K.S.A. 61-3801 through 61-3808, and amendments thereto.
(c) Such lien may be enforced and foreclosed as security agreements are enforced under the provisions of the uniform commercial code.
History:
L. 1978, ch. 228, § 1; L. 1978, ch. 229, § 1; L. 1991, ch. 33, § 32; L. 2000, ch. 161, § 105; January 1, 2001.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-241 Definitions.

58-241.
Definitions.
As used in this act unless the context clearly requires otherwise:
(a) "Agricultural chemical" means fertilizers, lime or agricultural chemicals that are applied to crops or to land that is used for raising crops, including fertilizer material, plant amendment, plant food, soil amendment, pesticide and plant regulator.
(b) "Agricultural production input" means crop production inputs and livestock production inputs.
(c) "Crop production input" means agricultural chemicals, seeds, petroleum products, custom application of agricultural chemicals and seeds and labor furnished in planting, cultivating, growing, producing, harvesting, drying and storing crops or crop products.
(d) "Feed" means commercial feeds, feed ingredients, mineral feeds, drugs, animal health products, supplements, customer-formula feeds or other products, including grain, that are used for feeding livestock.
(e) "Lender" means a person in the business of lending money identified in the lien-notification statement.
(f) "Letter of commitment" means a binding, irrevocable and unconditional agreement by a lender to honor drafts or other demands for payment upon the supplier presenting invoices signed by the purchaser or other proof of delivery.
(g) "Lien" means a lien for the unpaid retail cost of agricultural production input.
(h) "Livestock production input" means feed and labor furnished in raising livestock, but shall not include feed or labor for which the statutory lien created by K.S.A. 58-207 and 58-220, and amendments thereto, relating to confinement feeding of livestock may apply, which shall remain subject to that statute.
(i) "Person" means an individual or an organization as defined in K.S.A. 2023 Supp. 84-1-201(b)(25), and amendments thereto.
(j) "Petroleum product" means motor fuels and special fuels that are used in the production and drying of crops and production of livestock, including motor-vehicle fuels, special fuels and liquefied petroleum gas, as defined in subsections (l) and (s) of K.S.A. 79-3401 and subsection (b) of K.S.A. 79-3490, respectively, and amendments to these statutes and other petroleum products such as alcohol fuels, propane, lubes and oils.
(k) "Proceeds" means proceeds as defined in K.S.A. 84-9-306, and amendments thereto, except that if rights or duties are contingent upon express language in a financing statement, the requisite language may exist in a lien-notification statement under K.S.A. 58-242, and amendments thereto, and includes farm products, inventory, warehouse receipts and documents of title as defined in the uniform commercial code.
(l) "Seed" means agricultural seeds that are used to produce crops.
(m) "Supplier" means a person who furnishes agricultural production inputs.
History:
L. 1985, ch. 4, § 1; L. 1992, ch. 106, § 3; L. 1995, ch. 262, § 23; L. 2007, ch. 89, § 29; July 1, 2008.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-243 Same; effect of lien; priority; what lien attaches to; when lien attaches.

58-243.
Same; effect of lien; priority; what lien attaches to; when lien attaches.
(a) A supplier who furnishes crop production inputs has a lien for the unpaid retail cost of the crop production inputs. Subject to the limitations of subsection (d) of K.S.A. 58-242, the lien shall have priority over a security interest of a lender only if perfected and if the supplier notifies the lender of the supplier's lien pursuant to K.S.A. 58-242. The lien attaches to:
(1) The existing crops upon the land where the furnished agricultural chemical was applied or if crops are not planted, to the next production crop within 16 months following the last date on which the agricultural chemical was applied;
(2) the crops produced from the furnished seed; or
(3) the crops produced, harvested or processed using the furnished petroleum product. If the crops are grown on leased land and the lease provides for payment in crops, the lien does not attach to the lessor's share of the crops. The lien continues in crop products and proceeds, except that the lien does not continue after a cash sale.
(b) A supplier who furnishes livestock production inputs has a lien for the unpaid retail cost of the livestock production input. Subject to the limitations of subsection (d) of K.S.A. 58-242, the lien shall have priority over a security interest of a lender only if perfected and if the supplier notifies the lender of such supplier's lien pursuant to K.S.A. 58-242. The lien attaches to all livestock consuming the feed and continues in livestock products and proceeds, except that the lien does not continue after a cash sale. A perfected lien that attaches to livestock may not exceed the amount, if any, that the sales price of the livestock exceeds the greater of the fair market value of the livestock at the time the lien attaches or the acquisition price of the livestock.
(c) A lien attaches when the agricultural production inputs are furnished by the supplier to the purchaser.
History:
L. 1985, ch. 4, § 3; September 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-244 Same; when perfected; priority of lien not perfected; duties of filing offices; fees.

58-244.
Same; when perfected; priority of lien not perfected; duties of filing offices; fees.
(a) To be perfected, the lien must have attached and the supplier entitled to the lien must have filed a lien-notification statement in the form provided for in K.S.A. 58-242, and amendments thereto, accompanied by the form prescribed by K.S.A. 2005 Supp. 84-9-521(a), and amendments thereto, which must indicate in box 10 of the form that the lien is filed in accordance with this section, with the appropriate filing office under K.S.A. 2005 Supp. 84-9-501 and amendments thereto within 60 days after the last date that agricultural production input was furnished. A lien-notification statement filed pursuant to this section shall include the date which notice was mailed to the lender and a statement signed by the supplier indicating that the lender did not respond to the lien-notification statement.
(b) Subject to the provisions of subsection (d) of K.S.A. 58-242, and amendments thereto, a lien that is not perfected shall be entitled to the same priority as an unperfected security interest as determined by part 3 of article 9 of the uniform commercial code and amendments thereto.
(c) The filing officer shall file, index, amend, maintain, remove and destroy the lien-notification statement in the same manner as a financing statement filed under part 5 of article 9 of the uniform commercial code and amendments thereto. The filing officer shall charge the same filing and information retrieval fees and credit the amounts in the same manner as financing statements filed under part 5 of article 9 of the uniform commercial code and amendments thereto.
History:
L. 1985, ch. 4, § 4; L. 2002, ch. 159, § 2; L. 2004, ch. 6, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-245 Same; enforcement.

58-245.
Same; enforcement.
The holder of a lien may enforce the lien in the manner provided in K.S.A. 84-9-501 to 84-9-504, inclusive, and amendments thereto. In enforcing the lien under such statutes, the lienholder shall be considered the secured party, the person for whom the agricultural production input was furnished shall be considered the debtor, and each shall have the respective rights and duties of a secured party and a debtor under such statutes. The goods subject to a lien shall be considered the collateral. If a right or duty under these statutes is contingent upon the existence or waiver of such right or duty by express language in a security agreement, the right or duty shall be deemed not to exist.
History:
L. 1985, ch. 4, § 5; September 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-246 Same; action to enforce lien in district court; when lien extinguished.

58-246.
Same; action to enforce lien in district court; when lien extinguished.
After a lien has been perfected, an action may be brought to enforce such lien in the district court of the county in which some part of the crop or livestock is located. A lien-notification statement may be amended, except for the retail cost of inputs, by leave of the court in the furtherance of justice. A lien is extinguished if the lien is not enforced within 18 months after the lien-notification statement is filed.
History:
L. 1985, ch. 4, § 6; September 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 2 - Liens On Personal Property › 58-247 Storage fee on vehicles; notice to lienholders.

58-247.
Storage fee on vehicles; notice to lienholders.
(a) Whenever any person, while lawfully in possession of a vehicle, renders any service or otherwise charges a fee for the protection, storage or safekeeping of such vehicle and such storage fees have accumulated for 30 days, that person shall provide notice to the owner and the lienholder of record of such vehicle if:
(1) The name and address of the owner and lienholder of record are known to the person in possession of such vehicle; or
(2) the person in possession of such vehicle can ascertain by verification from the division of vehicles the name and address of the owner and any lienholders of record.
(b) Notice shall be mailed by certified mail to the owner and any such lienholder of record identified. Failure to give such notice shall stop the imposition of storage fees until the notice provisions described in this section are complied with. Notice shall not be required to be given to an owner or to a lienholder of record who has prior notice or actual knowledge that such fees could be charged or imposed or were in fact being charged or imposed.
(c) The provisions of this section shall not apply to storage fees governed by K.S.A. 8-1103 and 58-208, and amendments thereto.
History:
L. 2002, ch. 129, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 3 - Mortgages And Conditional Sales › 58-319 Return of instruments to mortgagor by register of deeds.

58-319.
Return of instruments to mortgagor by register of deeds.
Whenever any chattel mortgage or other instrument of writing or indebtedness which may have been filed in the office of the register of deeds of any county shall have been satisfied or paid, it shall be the duty of the register of deeds, after making a proper entry of such satisfaction or payment in the record where the instrument is recorded, to return the original, or the copy, if such it be, to the mortgagor or person executing the same.
History:
L. 1895, ch. 170, § 1; April 5; R.S. 1923, 58-319.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 3 - Mortgages And Conditional Sales › 58-320 Destruction of such instruments if maker not found within two years.

58-320.
Destruction of such instruments if maker not found within two years.
If the person executing the same or his or her assigns cannot be found within two years subsequent to such payment or satisfaction, the register of deeds shall destroy the chattel mortgages or other instruments of writing remaining in his or her office by burning the same in the presence of the county commissioners, a note or list of the instruments to be destroyed having been entered in the index book for chattel mortgages.
History:
L. 1895, ch. 170, § 2; April 5; R.S. 1923, 58-320.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 3 - Mortgages And Conditional Sales › 58-321 Destruction of mortgages on file five years and not renewed.

58-321.
Destruction of mortgages on file five years and not renewed.
All chattel mortgages which have expired by reason of being on file five years, and not renewed, may be destroyed by the register of deeds as provided in K.S.A. 58-320, the proper entry having been made of such destruction.
History:
L. 1895, ch. 170, § 3; April 5; R.S. 1923, 58-321.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 5 - Real Or Personal Property Granted Or Devised (the Property Act Of 1939) › 58-501 Tenancy in common unless joint tenancy intended, when; exception; joint tenancy provisions.

58-501.
Tenancy in common unless joint tenancy intended, when; exception; joint tenancy provisions.
Real or personal property granted or devised to two or more persons including a grant or devise to a husband and wife shall create in them a tenancy in common with respect to such property unless the language used in such grant or devise makes it clear that a joint tenancy was intended to be created: Except, That a grant or devise to executors or trustees, as such, shall create in them a joint tenancy unless the grant or devise expressly declares otherwise. Where joint tenancy is intended as above provided it may be created by:
(a) Transfer to persons as joint tenants from an owner or a joint owner to himself or herself and one or more persons as joint tenants;
(b) from tenants in common to themselves as joint tenants; or
(c) by coparceners in voluntary partition to themselves as joint tenant.
Where a deed, transfer or conveyance grants an estate in joint tenancy in the granting clause thereof and such deed, transfer, or conveyance has a hebendum clause inconsistent therewith, the granting clause shall control. When a joint tenant dies, a certified copy of letters testamentary or of administration, or where the estate is not probated or administered a certificate establishing such death issued by the proper federal, state or local official authorized to issue such certificate, or an affidavit of death from some responsible person who knows the facts, shall constitute prima facie evidence of such death and in cases where real property is involved such certificate or affidavit shall be recorded in the office of the register of deeds in the county where the land is situated. The provisions of this act shall apply to all estates in joint tenancy in either real or personal property heretofore or hereafter created and nothing herein contained shall prevent execution, levy and sale of the interest of a judgment debtor in such estates and such sale shall constitute a severance.
History:
L. 1939, ch. 181, § 1; L. 1955, ch. 271, § 1; June 30.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 5 - Real Or Personal Property Granted Or Devised (the Property Act Of 1939) › 58-502 Common-law rules inapplicable (rule in Shelley's case and estates tail).

58-502.
Common-law rules inapplicable (rule in Shelley's case and estates tail).
The rules of the common law, known as the rule in Shelley's case, and those pertaining to estates tail, however created, shall not be applied in this state to any instrument which becomes effective after the effective date of this act. Every instrument not within the purview of K.S.A. 58-503 taking effect after the effective date of this act and disposing of property which but for this section would create an estate tail shall create a life estate in the first taker and a remainder in fee in the next taker.
History:
L. 1939, ch. 181, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 5 - Real Or Personal Property Granted Or Devised (the Property Act Of 1939) › 58-503 Same (grant or devise to person for life and then to some other).

58-503.
Same (grant or devise to person for life and then to some other).
When real or personal property is granted or devised to one person for life, and then to some other person, or persons, whether named individually or as one or more of a class of which the individuals can be ascertained by the time the fee is possessed, the instrument by which such property is so transferred shall be construed as creating in the person first named an estate during the person's lifetime only, and a remainder in fee simple in the person or persons last named.
History:
L. 1939, ch. 181, § 3; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 5 - Real Or Personal Property Granted Or Devised (the Property Act Of 1939) › 58-504 Same (indefinite failure of issue; definite failure of issue).

58-504.
Same (indefinite failure of issue; definite failure of issue).
In the case of instruments disposing of property, of which the following is a type: "A to B and his or her heirs, but if B dies without issue, then to C and his or her heirs," the common law rule of interpretation that indefinite failure of issue is indicated shall not be applied. Definite failure of issue is indicated, that is, death of B without having issue living at the time of his or her death. B's death without living issue need not occur in the lifetime of the maker of the instrument. The rules here presented apply when the limitation is on death "without heirs," or, "heirs of the body," or, "issue," or, "children," or, "offspring," or, "descendants," or any such relative however described. Enactment of this statute shall not be regarded as legislative recognition that the common law indefinite failure of issue presumption has ever been a part of the law of this state.
History:
L. 1939, ch. 181, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 5 - Real Or Personal Property Granted Or Devised (the Property Act Of 1939) › 58-505 Same (rule in Wild's case).

58-505.
Same (rule in Wild's case).
In the case of instruments disposing of property of which the following is a type: "A to B and his or her children," the doctrine of the common law known as the rule in Wild's case shall not hereafter apply, and the instrument shall create a life interest in B and a remainder in his or her children. The rule here prescribed applies when the expression is "children," or "issue," or words of similar import.
History:
L. 1939, ch. 181, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 5 - Real Or Personal Property Granted Or Devised (the Property Act Of 1939) › 58-506 Same (doctrine of worthier title).

58-506.
Same (doctrine of worthier title).
In the case of a will to heirs, or to next of kin of the testator, or to a person an heir or next of kin, the common-law doctrine of worthier title is abolished and the devisees or devisee shall take under the will and not by descent.
History:
L. 1939, ch. 181, § 6; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 6 - Powers And Letters Of Attorney › 58-625 Durable power of attorney for health care decisions; meaning.

58-625.
Durable power of attorney for health care decisions; meaning.
A durable power of attorney for health care decisions is a power of attorney by which a principal designates another as the principal's agent in writing and the writing contains the words "this power of attorney for health care decisions shall not be affected by subsequent disability or incapacity of the principal" or "this power of attorney for health care decisions shall become effective upon the disability or incapacity of the principal," or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent disability or incapacity.
History:
L. 1989, ch. 181, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 6 - Powers And Letters Of Attorney › 58-626 Same; acts of agent during disability or incapacity of principal.

58-626.
Same; acts of agent during disability or incapacity of principal.
All acts done by an agent pursuant to a durable power of attorney for health care decisions during any period of disability or incapacity of the principal have the same effect as if the principal were competent and not disabled.
History:
L. 1989, ch. 181, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 6 - Powers And Letters Of Attorney › 58-627 Same; power of court-appointed guardian; principal authorized to nominate conservator or guardian; court appointment.

58-627.
Same; power of court-appointed guardian; principal authorized to nominate conservator or guardian; court appointment.
(a) If, following execution of a durable power of attorney for health care decisions, a court of the principal's domicile appoints a guardian charged with the responsibility for the principal's person, the guardian has the same power to revoke or amend the durable power of attorney that the principal would have had if the principal were not disabled or incapacitated.
(b) A principal may nominate, by a durable power of attorney for health care decisions, a conservator or guardian for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney for health care decisions except for good cause or disqualification.
History:
L. 1989, ch. 181, § 3; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 6 - Powers And Letters Of Attorney › 58-628 Same; effect of voluntary revocation by principal; actual knowledge required.

58-628.
Same; effect of voluntary revocation by principal; actual knowledge required.
A voluntary revocation by a principal of a durable power of attorney for health care decisions does not revoke or terminate the agency as to the agent or other person, who, without actual knowledge of the revocation, acts in good faith under the power.
History:
L. 1989, ch. 181, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 6 - Powers And Letters Of Attorney › 58-630 Same; effect if valid under laws of state of principal's residence; acts by agent in this state.

58-630.
Same; effect if valid under laws of state of principal's residence; acts by agent in this state.
Any durable power of attorney for health care decisions which is valid under the laws of the state of the principal's residence at the time the durable power of attorney for health care decisions was signed, shall be a durable power of attorney for health care decisions under this act. All acts taken by an agent in this state under such a durable power of attorney for health care decisions, which would be valid under the laws of this state, shall be valid acts. All acts taken by an agent for a principal whose residence is Kansas at the time the durable power of attorney for health care decisions is signed shall be valid if valid under Kansas law.
History:
L. 1989, ch. 181, § 6; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 6 - Powers And Letters Of Attorney › 58-631 Same; durable power of attorney executed before July 1, 1989, not affected by this act.

58-631.
Same; durable power of attorney executed before July 1, 1989, not affected by this act.
A durable power of attorney executed before July 1, 1989, that specifically authorizes the attorney in fact or agent to make decisions relating to the health care of the principal shall not be limited or otherwise affected by the provisions of this act.
History:
L. 1989, ch. 181, § 7; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 6 - Powers And Letters Of Attorney › 58-650 Title of act.

58-650.
Title of act.
K.S.A. 58-650 through 58-665, and amendments thereto, shall be known and may be cited as the Kansas power of attorney act.
History:
L. 2003, ch. 58, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 6 - Powers And Letters Of Attorney › 58-651 Definitions.

58-651.
Definitions.
As used in the Kansas power of attorney act:
(a) "Attorney in fact" means an individual, corporation or other legal entity appointed to act as agent of a principal in a written power of attorney.
(b) "Court" means the district court.
(c) "Disabled" means a person who is wholly or partially disabled as defined in K.S.A. 77-201, and amendments thereto, or a similar law of the place having jurisdiction of the person whose capacity is in question.
(d) "Durable power of attorney" means a written power of attorney in which the authority of the attorney in fact does not terminate in the event the principal becomes disabled or in the event of later uncertainty as to whether the principal is dead or alive and which complies with subsection (a) of K.S.A. 58-652, and amendments thereto, or is durable under the laws of any of the following places:
(1) The law of the place where executed;
(2) the law of the place of the residence of the principal when executed; or
(3) the law of a place designated in the written power of attorney if that place has a reasonable relationship to the purpose of the instrument.
(e) "Legal representative" means a decedent's personal representative, a guardian or a conservator.
(f) "Nondurable power of attorney" means a written power of attorney which does not meet the requirements of a durable power of attorney.
(g) "Person" means an adult individual, corporation or other legal entity.
(h) "Personal representative" means a legal representative as defined in K.S.A. 59-102, and amendments thereto.
(i) "Power of attorney" means a written power of attorney, either durable or nondurable.
(j) "Principal's family" means the principal's parent, grandparent, uncle, aunt, brother, sister, son, daughter, grandson, granddaughter and their descendants, whether of the whole blood or the half blood, or by adoption, and the principal's spouse, stepparent and stepchild.
(k) "Third person" means any individual, corporation or legal entity that acts on a request from, contracts with, relies on or otherwise deals with an attorney in fact pursuant to authority granted by a principal in a power of attorney and includes a partnership, either general or limited, governmental agency, financial institution, issuer of securities, transfer agent, securities or commodities broker, real estate broker, title insurance company, insurance company, benefit plan, legal representative, custodian or trustee.
History:
L. 2003, ch. 58, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 6 - Powers And Letters Of Attorney › 58-653 Appointment of multiple attorneys in fact; qualifications; persons disqualified.

58-653.
Appointment of multiple attorneys in fact; qualifications; persons disqualified.
(a) A principal may appoint more than one attorney in fact in one or more powers of attorney and may provide that the authority conferred on two or more attorneys in fact shall or may be exercised either jointly or severally or in a manner, with such priority and with respect to such subjects as is provided in the power of attorney. In the absence of specification in a power of attorney, the attorneys in fact must act jointly.
(b) The designation of a person not qualified to act as an attorney in fact for a principal under a power of attorney subjects the person to removal as attorney in fact but does not affect the immunities of third persons nor relieve the unqualified person of any duties or responsibilities to the principal or the principal's successors.
History:
L. 2003, ch. 58, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 6 - Powers And Letters Of Attorney › 58-655 Indication of capacity as attorney in fact; property and accounts separate.

58-655.
Indication of capacity as attorney in fact; property and accounts separate.
(a) An attorney in fact acting for the principal under a power of attorney shall clearly indicate the attorney in fact's capacity and shall keep the principal's property and accounts separate and distinct from all other property and accounts in a manner to identify the property and accounts clearly as belonging to the principal.
(b) An attorney in fact holding property for a principal complies with subsection (a) if the property is held in the name of the principal, in the name of the attorney in fact as attorney in fact for the principal or if the attorney in fact is a state or national bank or trust company, in a nominee name as provided under K.S.A. 9-1607, and amendments thereto.
History:
L. 2003, ch. 58, § 6; L. 2004, ch. 50, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 6 - Powers And Letters Of Attorney › 58-659 Termination of power of attorney; liability between principal and third persons.

58-659.
Termination of power of attorney; liability between principal and third persons.
(a) As between the principal and third persons, the authority granted in a power of attorney shall terminate on the date of termination, if any, set out in the power of attorney or on the date when the third person acquires actual knowledge of the death of the principal or that the authority granted in the power of attorney has been suspended, modified or terminated.
(b) As between the principal and third persons, the acts and transactions of an attorney in fact are binding on the principal and the principal's successors in interest in any situation in which a third person is entitled to rely under K.S.A. 58-658, and amendments thereto.
(c) This section shall not prohibit the principal, acting individually, and a third person from entering into a written agreement that sets forth their duties and liabilities as between themselves and their successors, and which expands or limits the application of this act, except that no agreement shall limit or restrict the right of the principal to act with respect to the third person through an attorney in fact appointed in a power of attorney.
History:
L. 2003, ch. 58, § 10; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 6 - Powers And Letters Of Attorney › 58-660 Delegation of powers; successor attorneys in fact; court appointments.

58-660.
Delegation of powers; successor attorneys in fact; court appointments.
(a) If the principal has expressly authorized such delegation pursuant to subsection (f) of K.S.A. 58-654, and amendments thereto, an attorney in fact or successor from time to time may revocably delegate any or all of the powers granted in a durable power of attorney to one or more qualified persons, subject to any directions or limitations of the principal expressed in the durable power of attorney, but the attorney in fact making the delegation shall remain responsible to the principal for the exercise or nonexercise of the powers delegated.
(b) The principal in a durable power of attorney may revocably: (1) Name one or more qualified persons as successor attorneys in fact to exercise the authority granted in the durable power of attorney in the order named in the event a prior named attorney in fact resigns, dies, becomes disabled, is not qualified to act or refuses to act; and (2) grant a power to another person, designated by name, by office or by function, including the initial and any successor attorneys in fact, whereby there may be revocably named at any time one or more successor attorneys in fact.
(c) A delegated or successor attorney in fact need not indicate such attorney in fact's capacity as a delegated or successor attorney in fact.
(d) If there is no attorney in fact or successor designated in a durable power of attorney who is willing, able and available to act, the court in lieu of appointing a conservator may appoint any adult person or financial institution as successor attorney in fact to act pursuant to the disabled principal's durable power of attorney, with or without bond and with or without court supervision, upon such terms and conditions as the court may require. None of the actions described in this subsection shall be taken by the court until after hearing upon reasonable notice to all persons identified in a verified statement supplied by the petitioner who is requesting such action identifying the immediate relatives of the principal and any other persons known to the petitioner to be interested in the welfare of the principal. Except that in the event of an emergency as determined by the court, the court, without notice, may enter such temporary order as seems proper to the court, but no such temporary order shall be effective for more than 30 days unless extended by the court after hearing on reasonable notice to the persons identified as herein provided.
History:
L. 2003, ch. 58, § 11; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 6 - Powers And Letters Of Attorney › 58-661 Compensation of attorney in fact.

58-661.
Compensation of attorney in fact.
Subject to the provisions of the power of attorney and any separate agreement, an attorney in fact is entitled to reasonable compensation for services rendered to the principal as attorney in fact and reimbursement for reasonable expenses incurred as a result of acting as attorney in fact for the principal.
History:
L. 2003, ch. 58, § 12; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 6 - Powers And Letters Of Attorney › 58-663 Application of law.

58-663.
Application of law.
(a) This act applies to the acts and transaction in this state of attorneys in fact under powers of attorney executed in this state or by residents of this state. Further, this act applies to acts and transactions of attorneys in fact in this state or outside this state under powers of attorney that refer to the power of attorney law of Kansas in the instrument creating the power of attorney, if any of the following conditions are met:
(1) The principal or attorney in fact was a resident of this state at the time the power of attorney was executed;
(2) the powers and authority conferred relate to property, acts or transactions in this state;
(3) the acts and transactions of the attorney in fact or successor occurred or were to occur in this state;
(4) the power of attorney was executed in this state; or
(5) there is otherwise a reasonable relationship between this state and the subject matters of the power of attorney.
The power of attorney so created remains subject to this act despite a subsequent change in residence of the principal or the attorney in fact and any successor, or the removal from this state of property which was the subject of the power of attorney.
(b) A person who acts as an attorney in fact or successor pursuant to a power of attorney governed by this act is subject to personal jurisdiction in this state with respect to matters relating to acts and transactions of the attorney in fact or successor performed in this state, performed for a resident of this state or affecting property in this state.
(c) A durable power of attorney that purports to have been made under the provisions of the durable power of attorney act of another state is governed by the law of that state and, if durable where executed, is durable and may be carried out and enforced in this state.
(d) A power of attorney executed by a resident of another state, may authorize the carrying out in this state of all acts permitted to be delegated to an attorney in fact by the laws of the state of the residence of the principal, the laws of the state where the power of attorney is executed or the laws of this state, whichever law is most favorable toward authorizing such delegation, and is durable if so designated either under the laws of this state, under the laws of the state of residence of the principal or under the laws of the state where the power of attorney is executed.
History:
L. 2003, ch. 58, § 14; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 6 - Powers And Letters Of Attorney › 58-664 Effect of repealed statutes on existing powers of attorney.

58-664.
Effect of repealed statutes on existing powers of attorney.
The repeal of the uniform durable power of attorney act, K.S.A. 58-610 through 58-617 and the repeal of K.S.A. 58-601 and 58-602, shall not affect the validity of powers of attorney created under those sections, the validity of the acts and transactions of attorneys in fact under authority granted in powers of attorney executed under those sections, or the duties of attorneys in fact under powers of attorney executed under those sections.
History:
L. 2003, ch. 58, § 15; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 6 - Powers And Letters Of Attorney › 58-665 Adoption by reference.

58-665.
Adoption by reference.
The Kansas power of attorney act adopts by reference 50 U.S.C. 592 of the servicemembers civil relief act.
History:
L. 2003, ch. 58, § 16; L. 2005, ch. 45, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 7 - Uniform Simultaneous Death Law › 58-708 Uniform simultaneous death act; definitions.

58-708.
Uniform simultaneous death act; definitions.
In this act:
(1) "Co-owners with right of survivorship" includes joint tenants, tenants by the entireties, and other co-owners of property or accounts held under circumstances that entitles one or more to the whole of the property or account on the death of the other or others.
(2) "Governing instrument" means a deed, will, trust, insurance or annuity policy, account with POD designation, pension, profit-sharing, retirement or similar benefit plan, instrument creating or exercising a power of appointment or a power of attorney, or a donative, appointive or nominative instrument of any other type.
(3) "Payor" means a trustee, insurer, business entity, employer, government, governmental agency, subdivision or instrumentality or any other person authorized or obligated by law or a governing instrument to make payments.
History:
L. 1992, ch. 97, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 7 - Uniform Simultaneous Death Law › 58-709 Same; requirement of survival by 120 hours under probate code.

58-709.
Same; requirement of survival by 120 hours under probate code.
Except as provided in K.S.A. 58-713, if the title to property, the devolution of property, the right to elect an interest in property, or the right to exempt property, homestead or family allowance depends upon an individual's survivorship of the death of another individual, an individual who is not established by clear and convincing evidence to have survived the other individual by 120 hours is deemed to have predeceased the other individual. This section does not apply if its application would result in a taking of intestate estate by the state.
History:
L. 1992, ch. 97, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 7 - Uniform Simultaneous Death Law › 58-710 Same; requirement of survival by 120 hours under donative dispositions in governing instruments.

58-710.
Same; requirement of survival by 120 hours under donative dispositions in governing instruments.
Except as provided in K.S.A. 58-713, for purposes of a donative provision of a governing instrument, an individual who is not established by clear and convincing evidence to have survived an event, including the death of another individual, by 120 hours is deemed to have predeceased the event.
History:
L. 1992, ch. 97, § 3; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 7 - Uniform Simultaneous Death Law › 58-711 Same; co-owners with right of survivorship; requirement of survival by 120 hours.

58-711.
Same; co-owners with right of survivorship; requirement of survival by 120 hours.
Except as provided in K.S.A. 58-713, if (i) it is not established by clear and convincing evidence that one of two co-owners with right of survivorship survived the other co-owner by 120 hours, one-half of the property passes as if one had survived by 120 hours and one-half as if the other had survived by 120 hours and (ii) there are more than two co-owners and it is not established by clear and convincing evidence that at least one of them survived the others by 120 hours, the property passes in the proportion that one bears to the whole number of co-owners.
History:
L. 1992, ch. 97, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 7 - Uniform Simultaneous Death Law › 58-712 Same; evidence of death or status.

58-712.
Same; evidence of death or status.
In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death and status apply:
(1) Death occurs when an individual is determined to be dead under the uniform determination of death act, K.S.A. 77-204 et seq. and amendments thereto;
(2) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date and time of death and the identity of the decedent.
(3) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances and places disclosed by the record or report.
(4) In the absence of prima facie evidence of death under paragraph (2) or (3), the fact of death may be established by clear and convincing evidence, including circumstantial evidence.
(5) An individual whose death is not established under the preceding paragraphs who is absent for a continuous period of five years, during which the individual has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. Such individual's death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier.
(6) In the absence of evidence disputing the time of death stipulated on a document described in paragraph (2) or (3), a document described in paragraph (2) or (3) that stipulates a time of death 120 hours or more after the time of death of another individual, however the time of death of the other individual is determined, establishes by clear and convincing evidence that the individual survived the other individual by 120 hours.
History:
L. 1992, ch. 97, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 7 - Uniform Simultaneous Death Law › 58-713 Same; exceptions.

58-713.
Same; exceptions.
This act does not apply if:
(1) The governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common disaster and that language is operable under the facts of the case;
(2) the governing instrument expressly indicates that an individual is not required to survive an event, including the death of another individual, by any specified period or expressly requires the individual to survive the event for a stated period;
(3) the imposition of a 120-hour requirement of survival would cause a nonvested property interest or a power of appointment to be invalid under the rule against perpetuities; or
(4) the application of this section to multiple governing instruments would result in an unintended failure or duplication of a disposition.
History:
L. 1992, ch. 97, § 6; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 7 - Uniform Simultaneous Death Law › 58-715 Same; uniformity of application and construction.

58-715.
Same; uniformity of application and construction.
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
History:
L. 1992, ch. 97, § 8; July 1.