Updated August 03, 2023
A Kansas living will is a declaration made by a declarant to refuse and withhold life-sustaining treatments for incurable injuries, diseases, or illnesses. The declarant can also make additional instructions and make conditions on when to not have artificial breathing and feeding assistance.
Definition
“Declaration” means a witnessed document in writing, voluntarily executed by the declarant in accordance with the requirements of K.S.A. 65-28,103.
Laws
- Signing Requirements – Two (2) witnesses (§ 65-28,103).
- Statute – § 65-28,103
How to Write
Download: PDF
Step 1 – Declaration of Declarant/Principal – Enter the following:
- Date the declaration at the top of the document in dd/mm/yyyy format
- Enter the full legal name of the Declarant/Principal
- Date of Birth
- Declarant’s City of Residence
- Declarant’s County of Residence
- Declarant’s State of Residence
- If the Declarant is interested in providing additional instructions they may do so by providing them on the back of the document or they may add a sheet with additional instructions and attach it to the document
- Check the appropriate box indicating whether or not you would like to provide additions
- Declarant/Principal shall then enter their signature
Step 2 – This document must be acknowledged by a notary public or two witnesses –
- If witnesses will be signing the document they may not related to the principal by blood, marriage, or adoption. They may not be entitled to any portion of the principal’s estate, and in no way financially responsible for any aspect of the principal’s health care. If witnesses will be signing the document they must review the information on the document and then enter the following:
Witness 1 –
- Witness’ Signature
- Witness’ Full address
Witness 2 –
- Witness’ Signature
- Witness’ Full address
- OR
Notary Public – If the decision has been made for the notary to witness the document, once the notary has witnessed the Declarant’s Signature, a notary public will then complete the notary section of the document and affix their notary seal in acknowledgment
Step 3 – Optional Additional Instructions – If the Declarant/Principal would like to provide additional medical information with regard to their wishes, they may begin with reading the information at the top of page 2. If the Declarant/Principal would like to proceed with other options circle Yes or No to the following statements to each answer below:
When any of the conditions described in the preceding paragraph exist, I request that I be provided all of the following measures or interventions EXCEPT those that I have marked “No.”
- SURGERY
- DIALYSIS
- HEART-LUNG RESUSCITATION (CPR)
- ANTIBIOTICS
- MECHANICAL VENTILATOR
- TUBE FEEDING (respirator requiring intubation) (food and water delivered through a tube in the veins, nose, or stomach)
- OTHER
- If my physician believes that any life-saving or life-prolonging measure or intervention may lead to a significant recovery (even those marked “No” above), I direct my physician to try the treatment for a reasonable period of time. If it does not significantly improve my condition, I direct the treatment be withdrawn, even if so doing shortens my life. Yes No I direct that in all circumstances, I be given healthcare treatment to relieve pain or provide comfort, even if such treatment might shorten my life, suppress my appetite or my breathing, or be habit-forming
Step 4 – Read the statement and enter any additional information:
- I consider a “meaningful quality of life” to include the following, which shall be taken into consideration by any caregivers and/or surrogate decision makers in determining my course of medical treatment
Step 5 – Read the following and make any additions in the lines provided:
- I make other instructions as follows:
Step 6 – Signatures – This area of the document must also be acknowledged by a notary public or two witnesses –
- If witnesses will be signing the document they may not related to the principal by blood, marriage, or adoption. They may not be entitled to any portion of the principal’s estate, and in no way financially responsible for any aspect of the principal’s health care. If witnesses will be signing the document they must review the information on the document and then enter the following:
Witness 1 –
- Witness’ Signature
- Witness’ Full address
Witness 2 –
- Witness’ Signature
- Witness’ Full address
- OR
- Notary Public – If the decision has been made for the notary to witness the document, once the notary has witnessed the Declarant’s Signature, the notary will then complete the notary section of the document and affix their notary seal in acknowledgment