Kansas Health Care Power of Attorney for Disability: How to Set Up a DPOA-HC

What a Healthcare POA Does

A Durable Power of Attorney for Healthcare Decisions (DPOA-HC) under K.S.A. 58-625 through 58-632 lets a Kansas adult name a trusted person — their "agent" — to make medical decisions on their behalf when they temporarily cannot make or communicate those decisions themselves.

The word "durable" matters. A standard power of attorney loses its force when the person who signed it becomes incapacitated. A durable healthcare POA specifically survives incapacity — which is the exact moment you need it to work.

For families of young adults with disabilities, this document solves one of the most immediate problems that appears on the 18th birthday: HIPAA generally requires authorization before parents can receive medical information about their adult child. A healthcare POA names the parent as the agent for medical decision-making; a separate HIPAA authorization may be needed for the agent to access medical records.

Who Can Sign One

The person signing the DPOA-HC (the "principal") must have sufficient capacity to:

• Understand that they are naming someone to make medical decisions for them
• Understand the general scope of authority they are granting
• Sign the document voluntarily, without coercion

This is a lower capacity threshold than many families assume. The principal does not need to understand complex medical concepts or make sophisticated healthcare choices. They need to understand the basic concept: "I am choosing this person to help with my medical care when I can't communicate."

Many young adults with intellectual or developmental disabilities meet this threshold. A student who can participate in their own IEP meetings, express preferences about daily life, and understand simple explanations can likely execute a healthcare POA with appropriate support during the signing.

If the individual truly cannot understand the concept — even with plain language explanation, visual supports, and adequate time — then they may not have the capacity to execute a POA, and a court-ordered guardianship limited to healthcare decisions may be necessary. But this is a determination to make carefully, not to assume.

How to Execute It

Kansas requires the following for a valid healthcare POA:

1. Write the document. The Kansas Judicial Council publishes standard advance directive and healthcare POA forms. The document names the agent, specifies the scope of healthcare authority, and includes any limitations or instructions the principal wants to set.

2. Sign before a notary or two witnesses. Kansas law accepts either notarization or the signatures of two adult witnesses. Follow the current Kansas form's instructions for witness eligibility. Notarization is strongly preferred — some healthcare providers and hospitals are more willing to honor a notarized document without additional verification.

3. Distribute copies. Give copies to the named agent, the principal's primary care physician, any specialists or hospitals the principal regularly sees, and the pharmacy. Keep the original in a safe, accessible location — not a safe deposit box that no one can access in an emergency.

When It Activates

A healthcare POA does not give the agent ongoing control over medical decisions. It activates only when the principal's attending physician determines that the principal temporarily lacks the capacity to make or communicate a specific healthcare decision.

This is situation-dependent. The principal might have full capacity for routine doctor visits but need the agent's involvement during a hospitalization, a surgical decision, or a mental health crisis where their ability to process information is temporarily impaired.

Once the principal regains capacity, the agent's authority suspends until the next triggering event. The principal never loses their legal right to make their own healthcare choices when they're able to do so.

What It Does Not Cover

A healthcare POA addresses medical decisions. It does not give the agent authority over:

• Finances: You need a separate durable power of attorney for financial matters
• SSI/SSDI benefits: The Social Security Administration requires its own Representative Payee designation — state POAs don't apply to federal benefits
• Educational decisions: If the young adult is still in school, you need an educational representative designation or FERPA release
• End-of-life treatment: A healthcare POA can include advance directive provisions, but many families execute a separate living will to specifically document end-of-life treatment preferences
• Day-to-day personal choices: A healthcare POA doesn't give the agent authority over where the principal lives, who they spend time with, or other non-medical personal decisions

Combining with Other Tools

For most families navigating the turning-18 transition, the healthcare POA is one piece of a larger framework:

• Supported Decision-Making Agreement (SB 84) — names supporters who can help the young adult across multiple life areas while the young adult retains legal decision-making authority
• Durable Power of Attorney (financial) — covers banking, contracts, taxes, and property management
• HIPAA release — authorizes specific healthcare providers to share records with named individuals (simpler than a full POA if the only need is information access)
• Representative Payee — manages SSI/SSDI benefits through the SSA

Together, these tools often cover every area that a full guardianship would cover — without any court involvement.

The Kansas Adult Guardianship & Alternatives Guide walks through the complete alternatives-first assessment, including how to determine whether your family member has the capacity to sign these documents and what to do if they don't.

See more Kansas guides →