"Advance Directive for Health Care" - Kansas

A Kansas Advance Directive for Health Care is a set of instructions about preferred medical care that takes effect when a patient becomes unable to make decisions. In addition to listing preferences for medical care, the form provides individuals with the option of appointing a health care proxy. A health care proxy - otherwise known as a health care agent or surrogate - is a person who has the authority to make health-related decisions on another person's behalf.

Download a pre-made form through the link below or make your own Advance Directive with our form builder.

If an individual has never had an Advance Directive made, any health care decisions may be made for them by a court-appointed guardian (a spouse, an adult child, an adult sibling, an adult relative or a professional).

There is a difference between this form and a Living Will in Kansas. A Living Will is a specific type of an Advance Directive for Health Care that becomes effective only in the event of a terminal illness. The form is regulated by § 65-28,101 of K.S.A. Chapter 65. The document must be witnessed by two (2) or more adult individuals.

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What Is a Kansas Advance Directive?

An Advance Directive is a written form that lists an individual's preferences for medical care and grants a spouse, child, family member, friend or attorney the authority to make decisions regarding health care on the individual's behalf. All of these documents include two separate parts:

  1. A Medical Power of Attorney - also known as a Health Care Power of Attorney - in which the individual elects a person to make medical decisions when they are unable to do so due to being terminally ill, seriously injured, in a coma or near the end of life.
  2. A Living Will - a written, legal document that lists an individual's wishes regarding life­-sustaining procedures, pain management or organ donation that takes effect when the patient is terminally ill.

How to Write an Advance Directive in Kansas?

You'll need to follow these important steps when preparing your document:

STEP 1 - Choose your health care agent - or proxy. This agent should be a person you trust to make medical decisions for you.

STEP 2 - Consider the kinds of treatment you do or do not want to receive in the event of a serious illness or incapacitation. Consider whether you want to:

  • Take antibiotics to treat infections;
  • Receive cardiopulmonary resuscitation (CPR);
  • Be on an extracorporeal membrane oxygenation (ECMO) machine when you cannot breathe on your own;
  • Be on a dialysis machine in case of kidney failure;
  • Be tube-fed if you can't eat or drink on your own.

STEP 3 - Keep the original completed and signed Advance Directive form with your medical records and give copies out to your health care proxy, physicians, health care providers, and - if necessary - to family members and close friends.

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Download "Advance Directive for Health Care" - Kansas

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Kansas Advance Directive for Health Care
Section I - Living Will
I, _______________________________ with a mailing address of ______________
____________________________________________________________________,
being of sound mind, memory, disposition, understanding, and at least eighteen years
of age, do willfully and intentionally, by this Living Will, direct my family,
physician(s), attorney, and any other individuals who may become responsible for my
health and well-being in the future, whether partly or fully, to take the following
actions in each of the circumstances described in the Living Will below.
1. In the event that I develop a condition considered “terminal” with my attending
physician and one other medical professional both agreeing that there is no
chance for improvement, I request the following:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
2. In the event that I fall into a coma with my attending physician and one other
medical professional both agreeing that there is no chance for recovery, I direct
the following:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
3. In the event that I develop a persistent vegetative state with my attending
physician and one other medical professional both determining that there is no
chance for recovery, I request the following:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
Kansas Advance Directive for Health Care
Section I - Living Will
I, _______________________________ with a mailing address of ______________
____________________________________________________________________,
being of sound mind, memory, disposition, understanding, and at least eighteen years
of age, do willfully and intentionally, by this Living Will, direct my family,
physician(s), attorney, and any other individuals who may become responsible for my
health and well-being in the future, whether partly or fully, to take the following
actions in each of the circumstances described in the Living Will below.
1. In the event that I develop a condition considered “terminal” with my attending
physician and one other medical professional both agreeing that there is no
chance for improvement, I request the following:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
2. In the event that I fall into a coma with my attending physician and one other
medical professional both agreeing that there is no chance for recovery, I direct
the following:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
3. In the event that I develop a persistent vegetative state with my attending
physician and one other medical professional both determining that there is no
chance for recovery, I request the following:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
4. In addition to the directions I have listed above, I also request the following:
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
Section II - Health Care Proxy
I would like to appoint __________________________________ with a mailing
address of ____________________________________________________________,
to act as my Health Care Proxy. I have talked with this person about my wishes.
They can be reached at ______________________________ during daytime hours or
at ______________________________​
a t night.
If this person is not able or not willing to serve as my Health Care Proxy, I would like
to appoint __________________________________ with a mailing address of
____________________________________________________________, to act as
my Health Care Proxy. I have talked with this person about my wishes.
They can be reached at ______________________________ during daytime hours or
at ______________________________​
a t night.
I want my Health Care Proxy:
❏ to follow only the directions as listed on this form.
❏ to follow my directions as listed on this form and to make any decisions about
things I have not covered in the form.
❏ to make the final decision, even though it could mean doing something
different from what I have listed on this form.
Section III - Acknowledgement
I understand the following:
If my doctor or hospital refuse to follow the directions I have listed, they must
see that I get to a doctor or hospital who will follow my wishes.
If I am pregnant, or if I become pregnant, the choices I have made on this form
will not be followed until after the birth of the child.
● If the time comes for me to stop receiving life-sustaining treatment or food and
water through a tube or an IV, I direct that my doctor talks about the good and
bad points of doing this, along with my wishes, with my health care proxy, if I
have one.
Section IV - Signatures
Principal
By signing this Advance Directive in front of the witnesses identified below, I hereby
administer and subscribe to the declarations made above both freely and voluntarily,
and wholeheartedly request that my family, physician(s), attorney, and any other
individuals who may in the future become responsible for my health and well-being,
whether partly or fully, all abide by my wishes as stated herein.
_________________________________
Name
_________________________________
Signature
_________________________________
Date of signing
Witnesses
This Advance Directive was signed by _________________________________ in the
presence of the following two witnesses, who by their signatures below, confirm that
_________________________________ was, at the time this document was signed,
at least eighteen years of age, of sound mind, memory, disposition, understanding, not
under any improper influence and able to understand the weight of this decision. The
undersigned have subscribed this document in the presence of each other and
_________________________________ and at their request.
First Witness: ​ _ ________________________________ ​ w ith a mailing address of
____________________________________________________________________.
_________________________________
Signature
_________________________________
Date of signing
Second Witness: ​ _ ________________________________ ​ w ith a mailing address of
____________________________________________________________________.
_________________________________
Signature
_________________________________
Date of signing
Health Care Proxy
I, _________________________________, am willing to serve as the health care
proxy.
_________________________________
Signature
_________________________________
Date of signing
I, _________________________________, am willing to serve as the health care
proxy if the other health care proxy will be unable to serve.
_________________________________
Signature
_________________________________
Date of signing
Notary Acknowledgement
STATE OF KANSAS
COUNTY OF _________________________________
I, _________________________________, a Notary Public of said County, do certify
that _________________________________, as Principal, and __________________
________________ and _________________________________, as witnesses,
whose names are signed to the writing above bearing date on the _______ day of
______________, ______, have this day acknowledged the same before me.
Given under my hand this _______ day of ______________, ______.
My commission expires: ___________________________________
______________________________________
Signature of Notary Public
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