Kansas Living Will Requirements
Based on KSA §65-28,101 through §65-28,109 (Natural Death Act)
Quick Summary
- Document type: Declaration
- 2 witnesses required
- Notarization not required (can substitute for witnesses)
Witness Requirements
Kansas requires 2 witnesses who are present when you sign your declaration. Witnesses have the following restrictions:
Witness restrictions:
- A witness must be at least eighteen (18) years of age
- A witness cannot be the person who signed the declaration on behalf of and at the direction of the declarant
- A witness cannot be related to the declarant by blood or marriage
- A witness cannot be entitled to any portion of the declarant's estate by will or by operation of law
- A witness cannot be directly financially responsible for the declarant's medical care
- Witnesses must personally know the declarant and believe the declarant to be of sound mind
- Witnesses must confirm they did not sign the declaration on behalf of the declarant
When Your Living Will Takes Effect
Your Kansas living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is an incurable condition caused by injury, disease, or illness which, to a reasonable degree of medical probability as determined by the attending physician and one other physician who has examined the patient, will produce death and where the application of life-sustaining procedures would serve only to artificially prolong the dying process.
Persistent Vegetative State
Kansas does not define a separate "persistent vegetative state" trigger in its Natural Death Act. The act addresses terminal conditions; however, a durable power of attorney for health care decisions (DPAHC) under KSA 58-629 may be used to address decisions related to persistent unconsciousness.
Irreversible Condition
Kansas does not define a separate "irreversible condition" category in its Natural Death Act. The sole triggering condition for a living will declaration is a certified terminal condition.
Important Notes for Kansas
- Kansas follows the Natural Death Act (KSA §65-28,101 through §65-28,109)
- A declaration must be in writing, dated, and signed by the declarant or by another person in the declarant's presence and at the declarant's express direction (KSA §65-28,103)
- As an alternative to two witnesses, the declaration may be signed and acknowledged before a notary public (KSA §65-28,103(a)(4)(B))
- A terminal condition must be certified by two physicians who have personally examined the patient, one of whom must be the attending physician
- "Life-sustaining procedure" means any medical procedure or intervention that, when applied to a qualified patient, would serve only to prolong the dying process; it does not include medication or procedures deemed necessary to provide comfort care or alleviate pain
- A declaration is not effective during pregnancy if the fetus could develop to the point of live birth with continued application of life-sustaining procedures
- A declaration may be revoked at any time by the declarant regardless of mental state or competency, by physical destruction, written revocation, or verbal expression of intent to revoke
- Kansas also recognizes a separate Durable Power of Attorney for Health Care Decisions (KSA §58-625 through §58-632) for broader health care decision-making
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.