Sec. 1-56h. Springing power of attorney. Effective upon written affidavit re
occurrence of specified contingency. (a) A power of attorney executed pursuant to
sections 1-43 and 1-56h to 1-56k, inclusive, shall be known as a springing power of
attorney.
(b) A power of attorney duly acknowledged in accordance with section 1-43 may
take effect upon the occurrence of a specified contingency, including a date certain or
the occurrence of an event, provided the instrument requires that a person named in the
instrument execute a written affidavit that such contingency has occurred. A power of
attorney limited as provided in this subsection shall be a springing power of attorney
and shall take effect upon the written affidavit of the person named in the instrument
that the specified contingency has occurred.
(P.A. 93-203, S. 1.)
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Sec. 1-56i. Form of written affidavit re occurrence of specified contingency.
The written affidavit referred to in section 1-56h may be in substantially the following form:
| STATE OF COUNTY OF | ) ) ) | SS: |
I, .... of ...., being duly sworn, depose and say:
THAT ...., of ...., as principal, did on ...., 20.., appoint me in a power of attorney dated
...., 20.., to execute an affidavit that a specified contingency had occurred;
THAT specified contingency was: ....
THAT specified contingency has occurred.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
.... L.S.
....
Witness
....
Witness
Subscribed and sworn to before me this .... day of ...., 20...
....
Commissioner of the Superior Court
Notary Public
My commission expires: ....
(P.A. 93-203, S. 4.)
History: (Revisor's note: In 2001 the references in this section to the date "19.." were changed editorially by the Revisors
to "20.." to reflect the new millennium).
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Sec. 1-56j. Power of attorney to cease if conservator of estate is appointed. If
a conservator of the estate of the principal is appointed, the power of attorney shall cease
at the time of the appointment and the person acting under the power of attorney shall
account to the conservator rather than to the principal.
(P.A. 93-203, S. 3; P.A. 98-52, S. 13.)
History: P.A. 98-52 deleted "after the occurrence of the disability or incapacity".
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Sec. 1-56k. Probate court to resolve disputes re provisions concerning springing power of attorney. The probate court for the district in which the principal is domiciled or is located at the time of the dispute shall have jurisdiction over any dispute
concerning the meaning or application of any provision of sections 1-43 and 1-56h to
1-56j, inclusive.
(P.A. 93-203, S. 2.)
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Secs. 1-56l to 1-56q. Reserved for future use.
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