History:
L. 1980, ch. 161, § 1; Repealed, L. 2003, ch. 58, § 18; July 1.
CASE ANNOTATIONS
1. Where principal not incapacitated, it is contrary to public policy to have agent forced on principal. Peterson v. Peterson, 10 Kan. App. 2d 437, 442, 700 P.2d 585 (1985).
2. Scope of powers conferred under act considered. Bank IV Olathe v. Capitol Fed'l Savings & Loan Ass'n, 250 Kan. 541, 828 P.2d 355 (1992).
3. Power to revoke a trust is personal and nondelegable unless settlor states otherwise in trust document or power of attorney. Muller v. Bank of America, 28 Kan. App. 2d 136, 12 P.3d 899 (2000).
Bank IV Olathe v. Capitol Fed'l Sav. & Loan Ass'n, 828 P.2d 355 (Kan. 1992). · cites it 4דKansas has adopted the Uniform Durable Power of Attorney Act (K.S.A. 58-610 et seq. ). Included therein is K.”
Stafford v. Crane, 241 F. Supp. 2d 1239 (D. Kan. 2002). · cites it 2ד[cjreate, amend, modify, or revoke any document or other disposition effective at the principal’s death or transfer assets to an existing trust created by the principal unless expressly authorized by the power of attorney .”
Muller v. Bank of Am., N.A., 12 P.3d 899 (Kan. Ct. App. 2000). “See Kansas Uniform Durable Power of Attorney Act, K.S.A. 58-610 et seq. In construing the language of the power of attorney and the trust, the trial court, citing Bank IV Olathe v.”
Wetherill v. Bank IV Kansas, N.A., 145 F.3d 1187 (10th Cir. 1998). “) The fact that Leitner wrote numerous checks on beneficiaries’ trust accounts and then deposited the funds in his own accounts at Bank IV did not, as a matter of law, place Bank IV on notice of account irregularities or improprieties.”
Peterson v. Peterson, 700 P.2d 585 (Kan. Ct. App. 1985). · cites it 2ד612, as “an instrument in writing by which one person, as principal, appoints another as his agent and confers upon such agent the authority to act in the place of the principal for the avowed purposes set forth in the instrument.”
Geren v. Geren, 29 P.3d 448 (Kan. Ct. App. 2001). “1999); see also K.S.A. 58-610 (defining durable power of attorney as one containing words showing principal’s intent for authority conferred to be exercisable notwithstanding principal’s subsequent disability or incapacity).”
Maenhoudt v. Stanley Bank, 115 P.3d 157 (Kan. Ct. App. 2005). “See K.S.A. 58-610 et seq. On May 5, 2003, Angela Holland, an assistant cashier at the Bank, was told that Rose and her attorney, Phillip Schuley, had come to the Bank with a durable POA.”
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