What does it really mean to be someone's Power of Attorney?

Being named as someone’s Power of Attorney (POA) is a big responsibility—and a big compliment. It means someone trusts you to make important decisions for them if they can’t do it themselves. But before you accept the role, it’s important to understand what it actually involves, especially under Kansas and Missouri law.

Let’s break it down.

What Is a Power of Attorney?

A Power of Attorney is a legal document where one person (called the “principal”) gives another person (called the “agent” or “attorney-in-fact”) the authority to make decisions on their behalf. This can include financial matters, healthcare decisions, or both—depending on the type of POA.

There are two main types:

• Durable Power of Attorney for Finances – lets someone handle money, property, and legal matters.

• Durable Power of Attorney for Healthcare – allows someone to make medical decisions if the principal is unable to do so.

Both Kansas and Missouri recognize these types of documents, and both require the POA to act in the principal’s best interest at all times.

Your Responsibilities as Power of Attorney

Once you agree to take on this role, your responsibilities are serious—and legally binding. Here’s what that looks like in real life:

✅ Act in Their Best Interest

Whether you’re managing bank accounts or making a medical choice, your decisions should always reflect what the principal would want, not what’s easiest or best for you.

✅ Keep Good Records

In both Kansas and Missouri, POAs must keep detailed records. This means tracking every dollar spent, every decision made, and being ready to explain why it was necessary. You’re managing someone else’s affairs, so transparency is key.

✅ Don’t Mix Finances

You can’t mix your money with the principal’s money. Open a separate account if necessary, and never “borrow” from them—even if you think it’s harmless.

✅ Understand the Limits

Your powers are limited to what’s written in the POA document. You can’t do things that aren’t authorized, and in most cases, your authority ends when the person dies or revokes the document.

✅ Avoid Conflicts of Interest

Don’t use your role to benefit yourself or anyone else unfairly. Self-dealing (like transferring property into your own name) can get you into legal trouble.

The Difference Between Kansas and Missouri

While the overall responsibilities are similar, there are a few key differences to note:

• Witnessing and Notarization Requirements:

In Kansas, a financial POA must be notarized but does not require witnesses. In Missouri, a healthcare POA must be witnessed by two people or notarized.

• Statutory Forms:

Missouri has a standard durable POA form found in the Missouri Revised Statutes. Kansas also provides a basic form but allows for more flexibility in language.

• Springing POAs:

Both states allow for a “springing” POA—meaning it only goes into effect when the principal becomes incapacitated. But the standard for proving incapacity may vary, so it’s important to read the document carefully.

Before You Say Yes…

Before you agree to serve as someone’s Power of Attorney, make sure you:

• Read the document closely.

• Ask questions about the principal’s wishes.

• Know when your authority begins and ends.

• Understand that you could be held legally responsible if you misuse your powers—even accidentally.

Serving as a POA is a generous and important act. With the right information and careful attention to your responsibilities, you can make a real difference in someone’s life.

Have Questions About Serving as a Power of Attorney?

At The Probate Law Center, we help clients in both Kansas and Missouri understand their roles and legal responsibilities. If you’ve been named as someone’s POA and aren’t sure what’s next, give us a call or visit us at www.ksmoprobate.com to schedule a consultation.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Contact a licensed attorney to discuss the specifics of your situation.