SESSION OF 2020
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2500
As Amended by House Committee on Judiciary

Brief*
HB 2500, as amended, would amend the Kansas Power
of Attorney Act (Act) to state a power of attorney executed on
or after July 1, 2020, would be deemed sufficient if in
substantial compliance with the form set forth by the Judicial
Council and would direct the Judicial Council to develop such
form. The bill would state the amendments made by the bill
would apply prospectively and would not affect the validity of
a power of attorney executed prior to July 1, 2020.
The bill would amend the section of the Act governing
liability of third persons with respect to reliance on a power of
attorney to specify its provisions address reliance on powers
of attorney acknowledged pursuant to the Uniform Law on
Notarial Acts. This section also would be amended to state
nothing in its listing of determinations for which a third person
is not responsible would relieve the third person of any duty
to report abuse, neglect, or exploitation under certain
mandatory reporter statutes. The bill would state that making
such report would relieve the third person of any liability for
not accepting a power of attorney.
The bill would also amend this section of the Act to allow
a third person requested to engage in transactions with a
principal through the principal’s attorney-in-fact to:
● Request and rely upon a certification by the
attorney-in-fact provided under penalty of perjury,
of any factual matter concerning the principal,
attorney-in-fact, or power of attorney; or
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 ● Request and rely upon an opinion of the third
person’s counsel as to any matter of law
concerning the power of attorney, if the third person
provides in a writing or other record the reason for
the request.
The bill would state an attorney-in-fact’s certification
would be deemed sufficient if it is in substantial compliance
with the form set forth by the Judicial Council and would
direct the Judicial Council to develop such form.
Finally, the bill would amend this section of the Act to
prohibit a third person from requiring an additional or different
form of power of attorney for authority granted in the power of
attorney presented and to require a third person to accept a
power of attorney unless:
● The person is not otherwise required to engage in
a transaction with the principal in the same
circumstances;
● Engaging in a transaction with the attorney-in-fact
or principal in the same circumstances would be
inconsistent with federal law;
● The person has actual knowledge of the
termination of the attorney-in-fact’s authority or of
the power of attorney before the exercised of the
power;
● A request for information, certification, an opinion
of counsel, or indemnification is refused;
● The person in good faith believes the power is not
valid or that the attorney-in-fact does not have the
authority to perform the requested act, whether or
not a certification or opinion of counsel has been
requester or provided; or


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 ● The person makes, or has actual knowledge that
another person has made, a report under
mandatory reporter statutes, stating a good faith
belief that the principal may be subject to physical
or financial abuse, neglect, exploitation, or
abandonment by the attorney-in-fact or a person
acting for or with the attorney-in-fact.
A third person refusing to accept a power of attorney in
violation of this section would be subject to a court order
mandating acceptance of the power of attorney. Reasonable
attorney fees and costs could be awarded in any action or
proceeding confirming the validity of the power of attorney or
mandating acceptance of the power of attorney, if the court
determines the third person did not act in good faith.
Background
The bill was introduced by the House Committee on
Judiciary at the request of the Kansas Judicial Council.
In the House Committee hearing, a representative of the
Kansas Judicial Council testified in support of the bill, stating
the bill is intended to address entities who improperly refuse
to accept durable powers of attorney. A representative of the
Office of the Attorney General testified as a neutral conferee
and requested amendments to the bill. A representative of the
Kansas Land Title Association submitted written-only
testimony opposing the bill and suggesting an amendment.
The House Committee amended the bill to address the
validity of powers of attorney executed prior to the
amendments made by the bill, remove a provision regarding
a third party’s duty to determine or inquire regarding whether
an attorney-in-fact is exceeding or improperly exercising
authority, limit an award of attorney fees to cases wherein a
third person does not act in good faith, add a statutory cross-
reference, and add provisions specifying a method of
acknowledgment and allowing a third person to rely on an
opinion of counsel.
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 According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of Judicial
Administration and Kansas Judicial Council both estimate any
fiscal effect resulting from enactment of the bill would be
negligible. Any fiscal effect associated with enactment of the
bill is not reflected in The FY 2021 Governor’s Budget Report.


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Statutes affected:
As introduced: 58-658, 58-652
As Amended by House Committee: 58-658, 58-652