CHAPTER 802e*

DURABLE POWER OF ATTORNEY

*See Sec. 1-42 et seq. re statutory short form power of attorney.

Table of Contents

Sec. 45a-562. (Formerly Sec. 45-69o). Power of attorney to survive disability or incompetence.

Secs. 45a-563 to 45a-567. Reserved


Sec. 45a-562. (Formerly Sec. 45-69o). Power of attorney to survive disability or incompetence. (a) The subsequent disability or incompetence of a principal shall not revoke or terminate the authority of any person who acts under a power of attorney in a writing executed by the principal, if the writing contains the words “this power of attorney shall not be affected by the subsequent disability or incompetence of the principal,” or words of similar import showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent disability or incompetence; provided the power of attorney is executed and witnessed in the same manner as provided for deeds in section 47-5.

(b) If a conservator of the estate of the principal is appointed after the occurrence of the disability or incompetence referred to in subsection (a) of this section, 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. 76-54, S. 1, 2; P.A. 78-44; P.A. 80-476, S. 183; P.A. 81-396, S. 1.)

History: P.A. 78-44 required that power of attorney be executed and witnessed in same manner as provided for “deeds in section 47-5” rather than as provided for “wills in section 45-161”; P.A. 80-476 reworded provisions; P.A. 81-396 amended Subsec. (b) by specifying conservator as “conservator of the estate of the principal”; Sec. 45-69o transferred to Sec. 45a-562 in 1991.

See Sec. 1-42 et seq. re statutory short form power of attorney.

A statutory short form durable power of attorney, drafted to comport with this section and Sec. 1-43, must be both acknowledged and attested to by two witnesses, and the principal executing a power of attorney and his or her designated agent or attorney-in-fact must not act as one of the attesting witnesses to the power of attorney. 134 CA 265.

Secs. 45a-563 to 45a-567. Reserved for future use.