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How To Set Up Power of Attorney in Kansas

How To Get Power of Attorney in Kansas

A man and a woman sign power of attorney documents on a wooden table.

What is Power of Attorney (POA)?

Power of attorney is an essential legal tool that allows someone to make decisions on behalf of another person in case of their incapacitation. It is a crucial process that helps ensure that all financial and medical obligations are taken care of in case of unforeseen accidents, illnesses, or other emergencies. If you live in Kansas and want to ensure your financial and legal affairs are taken care of in the event that you become unable to make decisions for yourself, setting up a power of attorney is an important step to take. Landmark National Bank is here to help you navigate the process and understand how to set up power of attorney in Kansas.

How To Get Power of Attorney

The first step in learning how to create power of attorney in Kansas is to select an agent or attorney-in-fact. This individual will be entrusted with making decisions on your behalf. It is important to choose someone you trust implicitly and who is capable of handling the responsibilities that come with this role. The agent can be a family member, a close friend, or even a professional such as an attorney or financial advisor.

Types of Power of Attorney

When handling estate planning in Kansas, there are different types of power of attorney to choose from, depending on your specific needs. The main options include:

General Power of Attorney (GPA)

This is the broadest form of POA. When you grant someone a GPA, you’re allowing them to act on your behalf in a wide range of matters. However, a GPA becomes void if you become incapacitated.

What is a Durable Power of Attorney?

As the name suggests, this POA is “durable,” so it remains effective even if the principal (the person granting the power) becomes incapacitated. A durable power of attorney in Kansas is useful for individuals who want to ensure their affairs are taken care of if they become unable to make decisions.

Limited or Special Power of Attorney

This type of financial power of attorney in Kansas allows the principal to grant specific powers to the agent for particular tasks, such as selling a property or managing a specific financial account. Once the task is completed or the specified time period expires, the limited POA becomes void.

What is a Medical Power of Attorney?

In Kansas, this is sometimes referred to as a Health Care Power of Attorney. This document empowers a trusted individual to make health care decisions for the principal including decisions about treatments, surgeries, and end-of-life care.

Springing Power of Attorney

Unlike other POAs that take effect immediately once signed, a Springing POA only “springs” into action under certain conditions, such as the principal’s incapacitation. It’s essential to define these conditions clearly in the document to prevent any misunderstandings or disputes.

Parental Power of Attorney

This is a special form of POA allowing parents to grant another adult temporary rights to make decisions concerning the care and custody of their minor child, usually when they’ll be away or are otherwise unable to perform parental duties. While Landmark National Bank can help you learn more about the different types of power of attorney in Kansas, we are not legal professionals. Consider your unique circumstances and consult with an attorney to determine the most suitable type of power of attorney for your needs.

Kansas Power of Attorney Requirements

To ensure your power of attorney is valid and enforceable in Kansas, it must meet certain legal requirements. These include:
  • The power of attorney document must be in writing.
  • You must sign the document in the presence of a notary public or two witnesses who are not related to you and do not stand to benefit from the power of attorney.
  • The agent or attorney-in-fact must also sign the document, acknowledging their responsibilities and powers.
Adhering to these legal requirements is crucial to ensuring the validity of your power of attorney.

Limitations and Responsibilities of the Agent or Attorney-in-Fact

The agent or attorney-in-fact has limitations and responsibilities outlined by Kansas law. They must act in your best interests, avoid conflicts of interest, keep accurate records of all transactions, and make decisions according to your wishes as stated in the document. Understanding these limitations and responsibilities will help you select the right person for the role and ensure they fulfill their duties. Additionally, you must understand the power of attorney costs in Kansas, which will play a major role in your decision.

Navigate the Legal Process With a Bank That’s on Your Side

When setting up a power of attorney, your best bet is to seek professional advice from expert attorneys and financial advisors. Landmark National Bank can help ensure that your accounts are established according to your directives, so you’ll be prepared for any situation that may arise. Find the closest Landmark National Bank location to you to get started today! You can also give us a call to speak with a financial professional.

Do You Need a Beneficiary on Your Checking Account?

Do You Need a Beneficiary on Your Checking Account?

An older couple looks over their financial documents with a calculator.

Updated July 2025

Navigating the complexities of financial planning can be stressful, especially when considering the future of your assets. One important question to ask is: Do you need a beneficiary on your checking account? Understanding what is a beneficiary, how to name one, and the different types of beneficiaries can help ensure that your wishes are honored and your loved ones are protected. 

At Landmark National Bank, we prioritize making your financial planning easier to understand. In this guide, we’ll explore what it means to be a beneficiary, how beneficiaries work on checking accounts, and what steps you need to take to secure your financial legacy. 

What Is a Beneficiary? 

If you’ve ever asked yourself, “what is a beneficiary?”, you’re not alone. A beneficiary is an individual or organization that you name to receive assets—like funds from a bank account—after your passing. In this context, a bank account beneficiary is someone who will receive the remaining balance in your checking or savings account. 

But what does it mean to be a beneficiary? It means having a legal claim to assets after someone’s death. Being named as a beneficiary provides assurance that the account holder intended for you to receive those funds directly—outside of probate. 

Why Designating a Bank Account Beneficiary Matters 

Naming a bank account beneficiary helps ensure a smoother transfer of funds after your death. This process bypasses probate court and allows your chosen individual(s) to access the account quickly—often with just a death certificate and valid identification. 

Here are some benefits of naming a checking account or bank account beneficiary: 

  • Faster access to funds for your loved ones 
  • Avoiding probate, which can be lengthy and public 
  • Clarity for family members during an emotional time 
  • Control over who receives your money 

How to Add a Beneficiary to a Bank Account 

You might be asking, how to add a beneficiary to a bank account? The good news is that it’s generally a simple process. At Landmark National Bank, we make it easy: 

  1. Visit a branch or schedule an appointment with one of our banking professionals. 
  2. Bring identification and account information. 
    Complete a beneficiary designation form—this includes full names, contact information, and Social Security numbers, if available. 
  3. Consider a contingent beneficiary, in case your primary is unable to accept the funds. 

Our team is here to help you understand how to add a beneficiary to a bank account and make the process smooth and secure. 

How to Name a Beneficiary 

When considering how to name a beneficiary, think carefully about the individual’s financial responsibility and relationship to you. Common choices include: 

  • A spouse or partner 
  • A child or grandchild 
  • A trusted friend 
  • A charitable organization 

You’ll need to provide their legal name and contact details. If you’re unsure, speak with a financial advisor or estate planning attorney. It’s important to review your beneficiary designations periodically and update them as life circumstances change. 

Can a Beneficiary Withdraw Money From a Bank Account? 

A common concern is, “Can a beneficiary withdraw money from a bank account?” The answer depends on the timing. A beneficiary cannot access your funds while you are alive. Your account remains solely under your control until your death. 

After your passing, a named bank account beneficiary—or contingent beneficiary if the primary is unavailable—can claim the funds directly, typically by presenting a death certificate and valid identification. They will not need to go through probate court, making the process more efficient and private. 

Reasons Not to Name a Beneficiary 

While naming a bank account beneficiary is often beneficial, there are some situations where it might not be necessary: 

  • Joint Accounts: If your account is joint with right of survivorship (like with a spouse), the co-owner will typically inherit the funds automatically. 
  • No Clear Heirs: If you’re unsure who to name, you may prefer to have your estate or trust handle the distribution. 
  • Complex Estates: If your financial situation is complex, a trust or will may better suit your needs than a direct beneficiary designation.

What Happens If You Don’t Name a Beneficiary? 

If you pass away without a designated bank account beneficiary, your assets may be tied up in probate. This court-supervised process can delay access to funds and create additional stress for your loved ones. Naming even a contingent beneficiary helps avoid these potential complications and ensures your money goes where you intend. 

Get Expert Help From Landmark National Bank 

Understanding what is a beneficiary, what is a contingent beneficiary, and how to add a beneficiary to a bank account is key to protecting your financial future. At Landmark National Bank, we’re committed to making estate planning easier for our customers. Whether you’re updating your account or starting fresh, we’ll help you designate the right bank account beneficiary to reflect your wishes. 

Visit your nearest Landmark National Bank branch or contact us today to speak with a trusted financial expert. Let us help you take the next step toward securing your legacy. 

Frequently Asked Questions About Beneficiaries 

What does it mean to be a beneficiary? 
Being a beneficiary means that you are legally entitled to receive certain assets—such as the funds in a checking account—upon the account holder’s passing. It’s a significant responsibility and often comes with financial and emotional considerations. 

Can a beneficiary withdraw money from a bank account? 
No, a beneficiary cannot withdraw funds while the account holder is alive. Once the account holder passes away, the named bank account beneficiary may claim the funds by providing necessary documentation. 

How long after a person dies will beneficiaries be notified? 
In most cases, beneficiaries are notified within a few weeks to a few months after death. In Kansas, this typically happens after a probate petition is filed, although accounts with designated beneficiaries often bypass probate entirely.

Why You Should Create a Right of Survivorship

Why You Should Create a Right of Survivorship

Elderly couple looks over forms with an estate planner

When planning your estate, it’s crucial to consider all potential tools and strategies to best protect your assets and ensure they’re distributed according to your wishes. One of these tools is the right of survivorship, a legal concept that can provide significant benefits to your beneficiaries.

Throughout this blog, we’ll break down what exactly a right of survivorship is, the different types of a right of survivorship, its benefits, and how to set one up.

What Is a Right of Survivorship?

The right of survivorship is a provision that can be included in your ownership agreement of a property or other assets. This states that if one owner passes away, their share of the property automatically transfers to the surviving owner(s). This process bypasses the probate court, making the transition smoother and faster for your loved ones during a difficult time.

An older couple smiles while sitting across from a financial advisor with an open laptop in front of them

Types of Right of Survivorship

Joint Tenancy With Right of Survivorship

The more popular type of right of survivorship, joint tenancy with right of survivorship (JTWROS), provides a survivorship right to the surviving joint tenants. In this arrangement, the property is equally owned by two or more individuals, and upon the death of one tenant, the property immediately passes on to the surviving tenant(s).

This happens irrespective of any provisions made in the deceased tenant’s will. The right of survivorship bypasses probate, the legal process that may otherwise delay the distribution of the deceased’s assets, making it a popular choice for couples and closely-knit family members.

Tenancy by the Entirety With Right of Survivorship

A less common way of setting up a right of survivorship is by tenancy by the entirety. This arrangement is intended for married couples, where each spouse has an equal interest in the property, and they can’t sell, lease, or will their interest without the consent of the other.

This type of ownership structure can be beneficial for married couples who wish to retain control over their property if one spouse dies. Kansas does not recognize tenancy by the entirety, but many states do, including Missouri, Oklahoma, and Illinois.

Tenancy in Common

In a tenancy in common arrangement, each tenant or co-owner has an undivided, equal interest in the property, and they can sell, lease, or will their interest without the consent of the other tenants. This option is most popular amongst non-married individuals who jointly own a property, such as business partners or family members.

Crucially, upon the death of one tenant, their ownership interest is not transferred to the remaining tenants. Instead, it becomes part of their estate and is distributed according to their will or, in the absence of a will, according to the laws of intestacy. Consequently, this type of ownership structure can be beneficial for those who wish to have control over the disposition of their property after death.

Benefits of a Right of Survivorship

A right of survivorship has distinct benefits to those estate planning, including:

  • Smooth, automatic transfer of property upon death to surviving tenants.
  • Bypasses the often time-consuming and costly probate process.
  • Can preserve family property by ensuring it remains within the family unit.
  • Can serve as a mechanism for reducing potential inheritance tax liability, as the value of the deceased’s estate may be significantly reduced.

How To Set Up a Right of Survivorship for Your Property

Individual signs deed to home while an executive hands over the keys

Typically, a right of survivorship is drafted as supplementary to a deed. If you already jointly own a property with one or more other parties, you’ll want to draft a new deed where you denote the other co-owning tenants as joint tenants with rights of survivorship (JTWROS). This ensures equal shares to each tenant upon your or another owner’s death. JTWROS is a great option for business partners, family members, and other cohabitating persons.

You can also move to set up a right of survivorship with tenancy by the entirety—an option primarily meant for married couples. This agreement will differ from JTWROS, as one spouse cannot sell their interest or share of the property without the other spouse’s permission.

Set Up Right of Survivorship at Landmark National Bank

The estate planning process is incredibly important but can be complicated and stressful. It is important that you consult with a professional legal advisor to determine how you want your assets to be distributed.  One your estate plan is complete, our Landmark National Bank associates can assist in making sure your accounts are set up according to your written plan.

For help with properly setting up your bank accounts, feel free to fill out an online contact form. You can also call or visit one of our many branch locations, where you’ll find banking experts happy to help you.