Smith County Quitclaim Deed (Individual Grantor by Attorney-in-Fact) Form

The hand signing this Kansas quitclaim deed owns nothing. The record owner is the Grantor named in Section 1, and the signer is an attorney-in-fact named in Section 2, acting under a power of attorney that Section 3 identifies by date and recording reference. Kansas has allowed that since statehood: K.S.A. 58-2205 lets a deed be executed by the owner or by that owner's agent or attorney, and K.S.A. 58-2209 asks for subscription by the party granting it or that party's lawful agent. Shoppers reach this form searching for a power of attorney deed, a quit claim deed signed by an agent, or a POA quitclaim.

The powers a general grant does not carry

Kansas kept its own statute rather than the uniform act, and its Power of Attorney Act draws a line down the middle of an agent's authority. K.S.A. 58-654(a) lets a principal delegate general powers over all lawful subjects and purposes, and the same section gives such an agent complete discretion to execute and deliver any deed. Then K.S.A. 58-654(f) pulls a list back out: the actions it names reach an agent only where the power of attorney expressly enumerates and authorizes them. Two land on a quitclaim deed. Item (3) covers making a gift of the principal's property, so a deed moving the owner's land for nothing is a listed act. Item (5) covers creating or changing survivorship interests, which is what a grantee clause naming joint tenants with right of survivorship does.

Homestead draws the sharpest line

Article 15, Section 9 of the Kansas Constitution and K.S.A. 60-2301 forbid alienation of an occupied homestead without the joint consent of husband and wife, and the constitutional annotations report that a power of attorney to the husband was not enough in Wallace v. Insurance Co., 54 Kan. 442. K.S.A. 58-654(f)(10) now opens a statutory path on three conditions: the principal's spouse has also consented to the alienation, the power of attorney describes the homestead by legal description and street address, and the spouse has stated that consent in a separate acknowledged writing agreeing that the agent's consent counts as the principal's. The paragraph then leaves the spouse's own right to withhold consent untouched. Those conditions live in the power of attorney and that separate writing, which is why this deed draws one signature line and no spousal consent block.

Twelve sections, one signature, one representative certificate

Section 1 collects the record owner, Section 2 the signer and the capacity claimed, Section 3 the date of the power of attorney and the document number where it was recorded. The sections between gather the grantee, the tax statement address K.S.A. 58-2221 routes to the county clerk, the consideration, the legal description, the vesting instrument, matters of record, and the questionnaire entry, before Section 11 quitclaims in the substantial wording of K.S.A. 58-2204 and Section 12 takes the signature above a printed name line, the K.S.A. 28-115(c) practice. One certificate follows, in the Kansas representative capacity short form of K.A.R. 7-43-17(a)(2) rather than the individual form. Circumstances presenting this configuration include an owner in another state who left a relative a durable power of attorney over real estate, an owner in a care setting whose agent handles the land, and an owner on military orders whose agent closes a contracted transfer. The record owner signs nothing, and the form states no trustee, entity, executor, or conservator capacity.

What the counter asks for

Kansas intake treats an agent's deed like any other. K.S.A. 79-1437c holds a title transfer off the record unless the Department of Revenue sales validation questionnaire rides along or a K.S.A. 79-1437e exemption is written on the deed, and none of the sixteen exemptions turns on who signed. Fees follow K.S.A. 28-115 at the county published twenty-one dollars for page one and seventeen after, with no Kansas transfer tax. The power of attorney travels its own route: K.S.A. 58-652(c) makes recording it unnecessary for validity while permitting it in the manner of a land conveyance, and a revocation of a recorded power of attorney has to be recorded to take effect.

Buyers receive the fillable form, a completed example set in Butler County where a son signing as attorney-in-fact releases his mother's inherited half interest for cash, and a guide that walks every numbered section, the agency and power of attorney rules standing behind that signature, the notarial certificate, and the filing. The package explains Kansas law in general terms only, and none of it is legal advice.