Here's a complete guide to every critical medical, legal, and estate planning document and relevant state law for Kansas. Download these forms and get started with Pillar to organize all of your most important documents in one safe, secure, easy-to-use online storage solution
February 2, 2021
If you or a loved one lives in Kansas, there are a number of forms, documents, resources, and specific state laws you should be aware of. Whether you are handling a guardianship of an elderly person, or just want to know how probate court or inheritance law works, continue reading for some of the more important documents and laws you should know about.
Kansas law (K.A.R. 100-24-1 and K.A.R. 28-34-9a) requires doctors to retain medical records for 10 years after their patient’s last treatment. This applies to both minors and deceased patients. Hospitals also have to keep your medical records for at least ten years or one year beyond the date the minor patient reaches the age of majority, whichever is longer.
The Kansas Hospital Association has a long list of different facilities and care providers, and varying regulations regarding retention of records. Refer to the KHA website for more detailed guidance.
In Kansas you have a right to access and view your medical records, but there may be a fee associated with copying your records. The charges for medical records in Kansas may not exceed:
You also have a right to amend and add information to your medical records. However, depending on the nature of the medical records, certain information may not be eligible for amendment. Speaking with your healthcare provider regarding amendments is the best option.
In Kansas you are required to fill out two forms to have an advanced directive. The first is the living will, and the second is the power of attorney.
A POA is a requirement in Kansas for a living will to be registered. Along with the living will, you can fill out a POA in this packet.
DNRs are allowed in Kansas per Kansas statutes § 65-4941 through § 65-4948. In order for a DNR to be valid, they must be signed by a physician, patient, and witness. If the patient is a member of a church that provides “treatment by spiritual means,” they do not require a physician’s signature.
If you want to be an organ donor in Kansas, you can learn more and register at the registry website.
Per Kansas Probate Code (located in Chapter 59) there are two procedures that allow you to avoid probate:
You may go through an affidavit procedure, also known as a small estate procedure, and if the value of the estate is $40,000 or less the heirs may inherit the estate. (Kan. Stat. Ann. § 59-1507b.)
Simplified probate process involves the executor filing a written request with the local probate court. The court may allow the executor to distribute the assets without having to go through the probate process; however, the court will determine this based on a number of factors such as the size of the estate and the heir’s wishes. (Kan. Stat. Ann. § § 59-3202)
Kansas probate filing fees vary from county to county. Check with your local courthouse to discover the fee for filing with probate.
If you die without a will, your estate will be transferred to your closest relatives under Kansas’s intestate succession laws.
Kansas has a digital estate planning law that allows for four types of fiduciaries to have digital access to a decedent’s digital estate. For a list of the fiduciaries and what they can do regarding a digital estate, refer to the Kansas statute.
Death certificates can be acquired from this Kansas government website. The State of Kansas allows for certain genealogical research requests to access death certificates. They are otherwise considered confidential and do not become public record.
The cost of a death certificate copy in Kansas is $15.00. Information is available from this Kansas government website, including the necessary forms you will need to submit.
Kansas does not have an estate tax, however it is still possible to have taxes assessed against the decedent’s property if certain conditions are met. Refer to the Kansas statute for those details.
Be aware that you may still be responsible for federal taxes on an inheritance.
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