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A Living Will

K.S.A. 65-28,103 — a signed, dated declaration with two witnesses at least 18 or a notary

Any adult may sign a declaration directing that life sustaining procedures be withheld or withdrawn in a terminal condition. It is in writing, signed by the person or by someone in their presence at their direction, and dated.

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Who handles this in Kansas: legal aid programs, lawyer referral and the state offices, listed in the Kansas directory.

  • It is signed before two or more witnesses at least 18 years of age, or acknowledged before a notary public.
  • A witness may not be a relative by blood or marriage, an heir or beneficiary, someone paying for the person's medical care, or the one who signed for them.
  • The declarant arranges for the attending physician to be told of it, and the physician puts it in the medical record.
  • It has no effect while the patient is pregnant.
  • K.S.A. 65-28,103

It takes effect when two physicians who have examined the patient, one of them the attending physician, certify in writing that the patient has a terminal condition. Comfort care and pain relief are not life sustaining procedures.

Sources for this section (2)
  1. K.S.A. 65-28,103 — Same; declaration authorizing; effect during pregnancy of qualified patient; duty to notify attending physician; form of declaration; severability of directions
  2. K.S.A. 65-28,102 — Same; definitions

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Kansas attorney.

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