Frequently Asked Questions
1. What are the three kinds of Advance Directives in Kansas?
Durable Power of Attorney for Health Care (DPOA-HC), Living Will, and Do Not Resuscitate.
2. How is the Durable Power of Attorney for Health Care (DPOA-HC) different from a general power of attorney?
The Durable Power of Attorney for Health Care (DPOA-HC) covers ONLY health care decisions. The general power of attorney covers financial matters and property decisions.
3. May I choose the same agent for financial and health care decisions?
Yes, you may choose the same person to be your DPOA for health care and finances. You must make sure to use separate documents for each DPOA positions. Your health care facilities and physicians will only need the DPOA for health care documents.
4. Where do I get advance directive forms?
In Kansas, you can access our website's Kansas Advance Directives page to locate the form you wish to print. Alternatively, you may also request forms at any admissions office of any local hospital. If you need another state's forms, go to the website www.nhpco.org and click on advance directives and select your specific state's forms.
5. I have filled out my Advance Directive form. Where do I get the forms notarized?
Notary is available at local Kroger/Dillon's stores or your local bank or hospital. WMREF also provides notary services at no cost, but call for an appointment first.
6. Do I get forms witnessed or notarized? Is it better to have my forms notarized or witnessed?
You may have the forms witnessed OR notarized. Some states require notary. Kansas does not require notary.
7. Who can witness my signature?
Two persons who recognize that you are the person you say you are. They do not have to understand the form or what you are signing. They are only recognizing you and your signature.
8. Are my Advance Directive forms honored in other states when I travel?
Yes. All 50 states have advance directives. Advance directives travel with you and are honored in all states.
9. I have filled out my Advance Directives forms. What do I do with them?
When you have signed the forms, make at least five or more copies of your documents and give them to your DPOA-HC (agents,) your physicians, your lawyer, spiritual leader, or anyone else who may be involved with your healthcare. Make sure your agent(s,) family members, and friends know where your documents are kept. Please keep your originals in a safe place. Keep one copy where it is easy to find and make more copies if needed. A copy of these documents have the same effect as the original. It is your responsibility to have a copy ready when it is needed. Take a copy with you when you go into a hospital, nursing home, hospice, or other care facility.
10. What if my family disagrees with the DPOA-HC I have chosen? What if they want something different from my wishes?
The physician is required to recognize the durable power of attorney for health care as the legal decision maker for the patient. If there is discord/disagreement about what you wanted and what the family members think you wanted, then the physician will continue to speak with the DPOA-HC and family members until an agreement is made about your wishes. Understand the chosen DOPA-HC (agents) are the only ones with the legal right to make decisions for you. It is important that you discuss your wishes and values now with your family so they will know what you want done at the end of life.
11. What is a HIPPA release? Is a HIPPA release an advance directive?
HIPPA stands for the Health Insurance Portability and Accountability Act established in 1996 to protect patient's health care information. No, a HIPPA release is not an advance directive. In the HIPPA release document, you can designate those whom may receive your health care information from the physician or health care professionals. These personas may or may not be your DPOA-HC.
12. Where can I get a HIPPA release form?
You can get a HIPPA release form from the staff at the office of your health care provider (physician or clinic's office.)
You can find the full FAQ page alongside the Spanish version here: