CHAPTER 7b

SPRINGING POWER OF ATTORNEY

Table of Contents

Sec. 1-56h. Springing power of attorney. Effective upon written affidavit re occurrence of specified contingency.

Sec. 1-56i. Form of written affidavit re occurrence of specified contingency.

Sec. 1-56j. Power of attorney to cease if conservator of estate is appointed.

Sec. 1-56k. Probate court to resolve disputes re provisions concerning springing power of attorney.

Secs. 1-56l to 1-56q. Reserved


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.)

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:

AFFIDAVIT THAT POWER OF ATTORNEY
IS IN FULL FORCE AND EFFECT

STATE OF

} SS:

COUNTY OF 

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).

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”.

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.)

Secs. 1-56l to 1-56q. Reserved for future use.