Sec. 1-350. Short title: Connecticut Uniform Power of Attorney Act.
Sec. 1-350c. Power of attorney is durable.
Sec. 1-350d. Execution of power of attorney.
Sec. 1-350e. Validity of power of attorney.
Sec. 1-350f. Meaning and effect of power of attorney.
Sec. 1-350g. Nomination of conservator in power of attorney.
Sec. 1-350h. When power of attorney effective.
Sec. 1-350i. Termination of power of attorney or agent's authority.
Sec. 1-350j. Coagents and successor agents.
Sec. 1-350k. Reimbursement and compensation of agent.
Sec. 1-350l. Agent's acceptance.
Sec. 1-350n. Exoneration of agent.
Sec. 1-350p. Agent's liability.
Sec. 1-350q. Agent's resignation. Notice.
Sec. 1-350r. Acceptance of and reliance upon acknowledged power of attorney.
Sec. 1-350s. Liability for refusal to accept acknowledged power of attorney.
Sec. 1-350t. Principles of law and equity.
Sec. 1-350u. Laws applicable to financial institutions or other entities.
Sec. 1-350v. Remedies under other law.
Sec. 1-351. Authority that requires specific grant. Grant of general authority.
Sec. 1-351a. Incorporation of authority.
Sec. 1-351b. Construction of authority, generally.
Sec. 1-351c. General authority with respect to real property.
Sec. 1-351d. General authority with respect to tangible personal property.
Sec. 1-351e. General authority with respect to stocks and bonds.
Sec. 1-351f. General authority with respect to commodities and options.
Sec. 1-351g. General authority with respect to banks and other financial institutions.
Sec. 1-351h. General authority with respect to operation of entity or business.
Sec. 1-351i. General authority with respect to insurance and annuities.
Sec. 1-351j. General authority with respect to estates, trusts and other beneficial interests.
Sec. 1-351k. General authority with respect to claims and litigation.
Sec. 1-351l. General authority with respect to personal and family maintenance.
Sec. 1-351n. General authority with respect to retirement plans.
Sec. 1-351o. General authority with respect to taxes.
Sec. 1-351p. General authority with respect to gifts.
Sec. 1-352. Power of attorney short form, long form and optional information form.
Sec. 1-352a. Agent's certification.
Sec. 1-353. Uniformity of application and construction.
Sec. 1-353a. Relation to Electronic Signatures in Global and National Commerce Act.
Sec. 1-353b. Effect on existing powers of attorney.
Secs. 1-354 to 1-359. Reserved
Sec. 1-362. Validity of substitute decision-making document.
Sec. 1-363. Meaning and effect of substitute decision-making document.
Sec. 1-364. Reliance on substitute decision-making document.
Sec. 1-365. Obligation to accept substitute decision-making document.
Sec. 1-366. Remedies under other law.
Sec. 1-367. Uniformity of application and construction.
Secs. 1-370 to 1-499. Reserved
Sec. 1-350. Short title: Connecticut Uniform Power of Attorney Act. Sections 1-350 to 1-353b, inclusive, may be cited as the “Connecticut Uniform Power of Attorney Act”.
(P.A. 15-240, S. 1; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 1, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-350a. Definitions. As used in sections 1-350 to 1-353b, inclusive:
(1) “Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney in fact, or otherwise. Agent includes an original agent, coagent, successor agent and a person to which an agent's authority is delegated.
(2) “Durable” means, with respect to a power of attorney, not terminated by the principal's incapacity.
(3) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
(4) “Good faith” means honesty in fact.
(5) “Incapacity” means inability of an individual, even with appropriate assistance, to perform the functions inherent in managing his or her affairs because the individual:
(A) Has a mental, emotional or physical condition that results in the individual being unable to receive and evaluate information or make or communicate decisions; or
(B) Is:
(i) Missing;
(ii) Detained, including incarcerated in a penal system; or
(iii) Outside the United States and unable to return.
(6) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality or any other legal or commercial entity.
(7) “Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.
(8) “Presently exercisable general power of appointment” means, with respect to property or a property interest subject to a power of appointment, power exercisable at the time in question to vest absolute ownership in the principal individually, the principal's estate, the principal's creditors or the creditors of the principal's estate. The term includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard, or the passage of the specified period. The term does not include a power exercisable in a fiduciary capacity or only by will.
(9) “Principal” means an individual who grants authority to an agent in a power of attorney.
(10) “Property” means anything that may be the subject of ownership, whether real or personal, or legal or equitable, or any interest or right therein.
(11) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(12) “Sign” means, with present intent to authenticate or adopt a record to:
(A) Execute or adopt a tangible symbol; or
(B) Attach to or logically associate with the record an electronic sound, symbol or process.
(13) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
(14) “Stocks and bonds” means stocks, bonds, mutual funds, and all other types of securities and financial instruments, whether held directly, indirectly or in any other manner. “Stocks and bonds” does not include commodity futures contracts and call or put options on stocks or stock indexes.
(P.A. 15-240, S. 2; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 2, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-350b. Applicability. The provisions of sections 1-350 to 1-353b, inclusive, apply to all powers of attorney except:
(1) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;
(2) A power to make health care decisions;
(3) A proxy or other delegation to exercise voting rights or management rights with respect to an entity; and
(4) A power created on a form prescribed by a government or governmental subdivision, agency or instrumentality for a governmental purpose.
(P.A. 15-240, S. 3; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 3, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-350c. Power of attorney is durable. A power of attorney created under sections 1-350 to 1-353b, inclusive, is durable unless it expressly provides that it is terminated by the incapacity of the principal.
(P.A. 15-240, S. 4; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 4, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-350d. Execution of power of attorney. A power of attorney must be dated and signed by the principal or in the principal's conscious physical presence by another individual directed by the principal to sign the principal's name on the power of attorney and witnessed by two witnesses. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public, a commissioner of the Superior Court or other individual authorized by law to take acknowledgments.
(P.A. 15-240, S. 5; P.A. 16-40, S. 9; P.A. 21-39, S. 8.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 5, from July 1, 2016, to October 1, 2016, effective May 27, 2016; P.A. 21-39 added “physical” to provision re principal's conscious presence.
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Sec. 1-350e. Validity of power of attorney. (a) A power of attorney executed in this state on or after October 1, 2016, is valid if its execution complies with section 1-350d.
(b) A power of attorney executed in this state before October 1, 2016, is valid if its execution complied with the law of this state as it existed at the time of execution.
(c) A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:
(1) The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to section 1-350f; or
(2) The requirements for a military power of attorney pursuant to 10 USC 1044b, as amended from time to time.
(d) Except as otherwise provided by statute, other than sections 1-350 to 1-353b, inclusive, or unless the power of attorney otherwise provides, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
(P.A. 15-240, S. 6; P.A. 16-40, S. 1, 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 6, from July 1, 2016, to October 1, 2016, effective May 27, 2016, and amended Subsecs. (a) and (b) by substituting “October 1, 2016” for “October 1, 2015”, effective October 1, 2016.
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Sec. 1-350f. Meaning and effect of power of attorney. The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
(P.A. 15-240, S. 7; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 7, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-350g. Nomination of conservator in power of attorney. (a) In a power of attorney, a principal may nominate a conservator of the principal's estate or conservator of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. The court shall make its appointment in accordance with the principal's most recent nomination unless the court finds that the appointee, designee or nominee is unwilling or unable to serve or there is substantial evidence to disqualify such person.
(b) If, after a principal executes a power of attorney, a court appoints a conservator of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, the court may continue, limit, suspend or terminate the power of attorney. If the power of attorney continues, the agent is accountable to the fiduciary as well as to the principal. If the power of attorney is suspended pursuant to this subsection, then the power of attorney shall be reinstated upon termination of the conservatorship as a result of the principal regaining capacity. The court shall have the authority to continue certain provisions of the power of attorney, but not others.
(P.A. 15-240, S. 8; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 8, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-350h. When power of attorney effective. (a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.
(b) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.
(c) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:
(1) Two independent physicians that the principal is incapacitated within the meaning set forth in subparagraph (A) of subdivision (5) of section 1-350a; or
(2) A judge that the principal is incapacitated within the meaning set forth in subparagraph (B) of subdivision (5) of section 1-350a.
(d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 to 1179, inclusive, of the Social Security Act, 42 USC 1320d, as amended from time to time, and applicable federal regulations, to obtain access to the principal's health care information and communicate with the principal's health care provider.
(e) If the principal, in the power of attorney, authorizes one or more persons to determine in a written affidavit that the event or contingency has occurred, as provided in subsection (b) of this section, then the written affidavit 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. 15-240, S. 9; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 9, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-350i. Termination of power of attorney or agent's authority. (a) A power of attorney terminates when:
(1) The principal dies;
(2) The principal becomes incapacitated, if the power of attorney is not durable;
(3) The principal revokes the power of attorney;
(4) The power of attorney provides that it terminates;
(5) The purpose of the power of attorney is accomplished;
(6) The principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns and the power of attorney does not provide for another agent to act under the power of attorney; or
(7) The power of attorney is terminated by a court pursuant to subsection (b) of section 1-350g.
(b) An agent's authority terminates when:
(1) The principal revokes the authority;
(2) A court terminates the agent's authority pursuant to subsection (b) of section 1-350g;
(3) The agent dies or resigns;
(4) The agent becomes incapacitated. Unless the power of attorney otherwise provides, an agent shall be determined to be incapable of acting as an agent upon a determination in a writing or other record that the agent is incapacitated:
(A) Within the meaning set forth in subparagraph (A) of subdivision (5) of section 1-350a, by:
(i) A judge in a court proceeding;
(ii) Two independent physicians, two independent advanced practice registered nurses or one independent physician and one independent advanced practice registered nurse; or
(iii) A successor agent, designated in accordance with section 1-350j, if a written opinion of a physician or an advanced practice registered nurse cannot be obtained either due to the refusal of an agent to be examined by a physician or an advanced practice registered nurse or due to an agent's failure to execute an authorization to release medical information; or
(B) Within the meaning set forth in subparagraph (B) of subdivision (5) of section 1-350a, by a judge;
(5) An action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or
(6) The power of attorney terminates.
(c) Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subsection (b) of this section, notwithstanding a lapse of time since the execution of the power of attorney.
(d) Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(e) Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(f) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.
(P.A. 15-240, S. 10; P.A. 16-39, S. 1; 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-39 amended Subsec. (b)(4)(A) by adding “, two independent advanced practice registered nurses or one independent physician and one independent advanced practice registered nurse” in clause (ii), and adding references to advanced practice registered nurse in clause (iii); P.A. 16-40 changed effective date of P.A. 15-240, S. 10, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-350j. Coagents and successor agents. (a) A principal may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides by use of the word “severally” in the power of attorney that each agent acting alone is able to exercise the power conferred, each coagent shall exercise its authority jointly. A person that in good faith accepts an acknowledged power of attorney from one or more coagents without actual knowledge that the power of attorney is void, invalid or terminated, that the purported agent's authority is void, invalid or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent's authority were genuine, valid and still in effect, and the agent had not exceeded and had properly exercised the authority.
(b) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office or function. Unless the power of attorney otherwise provides, a successor agent:
(1) Has the same authority as that granted to the original agent; and
(2) May not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve or have declined to serve.
(c) Except as otherwise provided in the power of attorney and subsection (d) of this section, an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.
(d) Except as otherwise provided in the power of attorney, an agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subsection, specifically with respect to the theft or misappropriation of the principal's property by another agent, is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action relating to such theft or misappropriation.
(P.A. 15-240, S. 11; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 11, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-350k. Reimbursement and compensation of agent. Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances.
(P.A. 15-240, S. 12; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 12, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-350l. Agent's acceptance. Once a power of attorney is delivered, unless the power of attorney otherwise provides, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.
(P.A. 15-240, S. 13; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 13, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-350m. Agent's duties. (a) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall:
(1) Act in accordance with the principal's reasonable expectations, and, if such expectations are unknown, make reasonable efforts to ascertain the principal's expectations and act, otherwise, in the principal's best interest;
(2) Act in good faith; and
(3) Act only within the scope of authority granted in the power of attorney.
(b) Unless the power of attorney otherwise provides, an agent that has accepted appointment shall:
(1) Act loyally for the principal's benefit;
(2) Act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest;
(3) Act with the care, competence and diligence ordinarily exercised by agents in similar circumstances;
(4) Keep a record of all receipts, disbursements and transactions made on behalf of the principal;
(5) Cooperate with a person that has authority to make health care decisions for the principal to carry out the principal's reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal's best interest; and
(6) Attempt to preserve the principal's estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal's best interest based on all relevant factors, including:
(A) The value and nature of the principal's property;
(B) The principal's foreseeable obligations and need for maintenance;
(C) Minimization of taxes, including income, estate, inheritance, generation skipping transfer and gift taxes; and
(D) Eligibility for a benefit, a program or assistance under a federal or state statute or regulation.
(c) An agent that acts in good faith is not liable to any beneficiary of the principal's estate plan for failure to preserve the plan.
(d) An agent that acts with care, competence and diligence for the best interest of the principal is not liable solely because the agent also benefits from the act or has an individual or conflicting interest in relation to the property or affairs of the principal.
(e) If an agent is selected by the principal because of special skills or expertise possessed by the agent or in reliance on the agent's representation that the agent has special skills or expertise, the special skills or expertise must be considered in determining whether the agent has acted with care, competence and diligence under the circumstances. An agent shall not be considered to have special skills or expertise solely because such agent is an attorney.
(f) Absent a breach of duty to the principal, an agent is not liable if the value of the principal's property declines.
(g) An agent that exercises authority to delegate to another person the authority granted by the principal or that engages another person on behalf of the principal is not liable for an act, error of judgment or default of that person if the agent exercises care, competence and diligence in selecting and monitoring the person.
(h) Unless the power of attorney otherwise provides, an agent is not required to disclose receipts, disbursements or transactions conducted on behalf of the principal unless ordered by a court or requested by the principal, a guardian, a conservator, another fiduciary acting for the principal, a representative of the Division of Protective Services for the Elderly within the Department of Social Services or, upon the death of the principal, by the personal representative or successor in interest of the principal's estate. If so requested, the agent shall comply with the request not later than thirty days after the date of such request or provide a writing or other record substantiating why additional time is needed, in which case, the agent shall comply with the request not later than thirty days after the date of providing such writing or record.
(P.A. 15-240, S. 14; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 14, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-350n. Exoneration of agent. A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision:
(1) Relieves the agent of liability for breach of duty committed dishonestly, with an improper motive or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or
(2) Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
(P.A. 15-240, S. 15; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 15, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-350o. Judicial relief. (a) The following persons may petition a court in accordance with subsection (d) of section 45a-175 to construe a power of attorney or review the agent's conduct, and grant appropriate relief:
(1) The principal or the agent;
(2) A guardian, conservator or other fiduciary acting for the principal;
(3) A person authorized to make health care decisions for the principal;
(4) The principal's spouse, parent or descendant;
(5) An individual who would qualify as a presumptive heir of the principal;
(6) A person named as a beneficiary to receive any property, benefit or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;
(7) A representative of the Division of Protective Services for the Elderly within the Department of Social Services;
(8) The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and
(9) A person asked to accept the power of attorney.
(b) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal is incapacitated within the meaning set forth in subdivision (5) of section 1-350a.
(P.A. 15-240, S. 16; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 16, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-350p. Agent's liability. An agent that violates sections 1-350 to 1-353b, inclusive, is liable to the principal or the principal's successors in interest for the amount required to:
(1) Restore the value of the principal's property to what it would have been had the violation not occurred; and
(2) Reimburse the principal or the principal's successors in interest for the reasonable attorney's fees and costs paid on the agent's behalf.
(P.A. 15-240, S. 17; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 17, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-350q. Agent's resignation. Notice. Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated:
(1) To the conservator of the estate, the conservator of the person and guardian, if one has been appointed for the principal, and a coagent or successor agent; or
(2) If there is no person described in subdivision (1) of this section, to:
(A) The principal's spouse and children, if any, or a person reasonably believed by the agent to have sufficient interest in the principal's welfare; or
(B) A representative of the Division of Protective Services for the Elderly within the Department of Social Services.
(P.A. 15-240, S. 18; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 18, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-350r. Acceptance of and reliance upon acknowledged power of attorney. (a) For purposes of this section and section 1-350s, “acknowledged” means purportedly verified before a notary public, a commissioner of the Superior Court or other individual authorized to take acknowledgments.
(b) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under section 1-350d that the signature is genuine.
(c) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent's authority were genuine, valid and still in effect, and the agent had not exceeded and had properly exercised the authority.
(d) A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation:
(1) An agent's certification under penalty of perjury of any factual matter concerning the principal, agent or power of attorney;
(2) An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and
(3) An opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.
(e) An English translation or an opinion of counsel requested under this section must be provided at the principal's expense unless the request is made more than seven business days after the power of attorney is presented for acceptance.
(f) For purposes of this section and section 1-350s, a person that conducts activities through an employee is without actual knowledge of a fact relating to: (1) A power of attorney, (2) a principal, or (3) an agent if the employee conducting the activity involving such power of attorney, principal or agent is without actual knowledge of the fact.
(P.A. 15-240, S. 19; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 19, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-350s. Liability for refusal to accept acknowledged power of attorney. (a) Except as provided in subsection (b) of this section:
(1) A person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under subsection (d) of section 1-350r not later than seven business days after presentation of the power of attorney for acceptance;
(2) If a person requests a certification, a translation, or an opinion of counsel under subsection (d) of section 1-350r, the person shall accept the power of attorney not later than five business days after receipt of the certification, translation, or opinion of counsel; and
(3) A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.
(b) A person is not required to accept an acknowledged power of attorney if:
(1) The principal is not otherwise eligible or is not otherwise qualified to enter the transaction with the person;
(2) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with state or federal law;
(3) The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;
(4) A request for a certification, a translation, or an opinion of counsel under subsection (d) of section 1-350r is refused;
(5) The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under subsection (d) of section 1-350r has been requested or provided; or
(6) The person makes, or has actual knowledge that another person has made, a report to the Bureau of Aging, Community and Social Work Services Division of the Department of Social Services stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation or abandonment by the agent or a person acting for or with the agent.
(c) A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to an order by a probate court or by a court of general jurisdiction mandating acceptance of the power of attorney. The court may award reasonable attorney's fees and costs incurred to the prevailing party in such action.
(P.A. 15-240, S. 20; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 20, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-350t. Principles of law and equity. Unless displaced by a provision of sections 1-350 to 1-353b, inclusive, the principles of law and equity supplement the provisions of sections 1-350 to 1-353b, inclusive.
(P.A. 15-240, S. 21; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 21, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-350u. Laws applicable to financial institutions or other entities. The provisions of sections 1-350 to 1-353b, inclusive, do not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with the provisions of sections 1-350 to 1-353b, inclusive.
(P.A. 15-240, S. 22; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 22, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-350v. Remedies under other law. The remedies under sections 1-350 to 1-353b, inclusive, are not exclusive and do not abrogate any right or remedy under the law of this state, other than sections 1-350 to 1-353b, inclusive.
(P.A. 15-240, S. 23; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 23, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-351. Authority that requires specific grant. Grant of general authority. (a) An agent under a power of attorney may perform the activities listed in this subsection on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority to perform such activities and exercise of the authority to perform such activities is not otherwise prohibited by another agreement or instrument to which the authority or property is subject such as a trust agreement:
(1) Create, amend, revoke, or terminate an inter vivos trust, provided, in the case of a trust established for a disabled person pursuant to 42 USC 1396p(d)(4)(A) or 42 USC 1396p(d)(4)(C), the creation of such trust by an agent shall be only as permitted by federal law;
(2) Make a gift;
(3) Create or change rights of survivorship;
(4) Create or change a beneficiary designation;
(5) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan;
(6) Exercise fiduciary powers that the principal has authority to delegate;
(7) Disclaim property, including a power of appointment;
(8) Exercise all powers the principal may have over any of the principal's digital device, digital asset, user account and electronically stored information, including any user account and digital asset that currently exists or may exist as technology develops, whether the same is in the principal's name or that the principal owns or lawfully uses jointly with any other individual; such powers include, but are not limited to, changing and circumventing the principal's username and password to gain access to such user accounts and information; transferring or withdrawing funds or other assets among or from such user accounts; and opening new user accounts in the principal's name, all as the agent determines is necessary or advisable. The principal may give the principal's lawful consent and authorize the agent to access, manage, control, delete and terminate any electronically stored information and communications of the principal to the extent fully allowable under the federal Electronic Communications Privacy Act of 1986, 18 USC 2510 et seq., as amended from time to time, the Connecticut Revised Uniform Fiduciary Access to Digital Assets Act, and any other federal, state or international privacy law or other law. The agent is authorized to take any actions the principal is authorized to take under all applicable terms of service, terms of use, licensing and other account agreements or laws. To the extent a specific reference to any federal, state, local or international law is required in order to give effect to the provisions of this subdivision, the principal may provide that the principal's intention is to so reference such law, whether such law is now in existence or comes into existence or is amended after the date of execution of the power of attorney; or
(9) With respect to any intellectual property interests of the principal, including, without limitation, copyrights, contracts for payments of royalties and trademarks, act in all ways with respect to such interests as if the agent were the owner thereof, including, without limitation, registering ownership, transferring ownership and recording documents to effectuate or memorialize such transfer, granting and revoking licenses, entering, terminating and enforcing agreements, defending ownership and conferring agency upon professionals to represent the principal's interests before governmental agencies, and in general, to exercise all powers with respect to the intellectual property that the principal could exercise if present.
(b) Notwithstanding a grant of authority to perform an act described in subsection (a) of this section, unless the power of attorney otherwise provides, an agent may not exercise authority under a power of attorney to create in the agent, or a dependent of the agent, an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer or otherwise.
(c) Subject to the provisions set forth in subsections (a), (b), (d) and (e) of this section, if a power of attorney grants to an agent authority to perform all acts that a principal could perform, the agent has the general authority described in sections 1-351c to 1-351o, inclusive. Such general authority shall permit the agent to authorize another person to exercise the authority granted under the power of attorney.
(d) Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to section 1-351p.
(e) Subject to the provisions set forth in subsections (a), (b) and (d) of this section, if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.
(f) Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state.
(g) An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal had performed the act.
(P.A. 15-240, S. 24; P.A. 16-40, S. 9; P.A. 17-91, S. 11; P.A. 19-32, S. 1.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 24, from July 1, 2016, to October 1, 2016, effective May 27, 2016; P.A. 17-91 amended Subsec. (a) by deleting Subdiv. (5) re agent's delegation of authority, redesignating existing Subdivs. (6) to (8) as Subdivs. (5) to (7), adding new Subdiv. (8) re agent's exercise of principal's powers over digital device or asset, user account and electronically stored information and adding Subdiv.(9) re agent's exercise of principal's powers re intellectual property interests, amended Subsec. (b) by deleting “that is not an ancestor, spouse or descendant of the principal” and by replacing “in an individual to whom the agent owes a legal obligation of support” with “a dependent of the agent”, and amended Subsec. (c) by adding provision re general authority permitting agent to authorize another person to exercise authority granted under power of attorney, effective July 1, 2017; P.A. 19-32 made a technical change in Subsec. (a)(8).
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Sec. 1-351a. Incorporation of authority. (a) An agent has authority described in sections 1-351 to 1-351p, inclusive, if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in sections 1-351c to 1-351p, inclusive, or cites the section in which the authority is described.
(b) A reference in a power of attorney to general authority with respect to the descriptive term for a subject in sections 1-351c to 1-351p, inclusive, or a citation to a section of sections 1-351c to 1-351p, inclusive, incorporates the entire section as if it were set out in full in the power of attorney.
(c) A principal may modify authority incorporated by reference.
(P.A. 15-240, S. 25; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 25, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-351b. Construction of authority, generally. Unless the power of attorney otherwise provides, by executing a power of attorney that incorporates by reference a subject described in sections 1-351c to 1-351p, inclusive, or that grants to an agent authority to perform all acts that a principal could perform pursuant to subsection (c) of section 1-351, a principal authorizes the agent, with respect to that subject, to:
(1) Demand, receive, and obtain by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse or use anything so received or obtained for the purposes intended;
(2) Contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release or modify the contract or another contract made by or on behalf of the principal;
(3) Execute, acknowledge, seal, deliver, file or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal's property and attaching it to the power of attorney;
(4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;
(5) Seek on the principal's behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney;
(6) Engage, compensate and discharge an attorney, accountant, discretionary investment manager, expert witness or other advisor;
(7) Prepare, execute and file a record, report or other document to safeguard or promote the principal's interest under a federal or state statute or regulation;
(8) Communicate with any representative or employee of a government or governmental subdivision, agency or instrumentality, on behalf of the principal;
(9) Access communications intended for, and communicate on behalf of, the principal, whether by mail, electronic transmission, telephone or other means; and
(10) Do any lawful act with respect to the subject and all property related to the subject.
(P.A. 15-240, S. 26; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 26, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-351c. General authority with respect to real property. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to:
(1) Demand, buy, lease, receive, accept as a gift or as security for an extension of credit or otherwise acquire or reject an interest in real property or a right incident to real property;
(2) Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning or other governmental permits; plat or consent to platting; develop; grant an option concerning; lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise grant or dispose of an interest in real property or a right incident to real property;
(3) Pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(4) Release, assign, satisfy or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien or other claim to real property which exists or is asserted;
(5) Manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including:
(A) Insuring against liability or casualty or other loss;
(B) Obtaining or regaining possession of or protecting the interest or right by litigation or otherwise;
(C) Paying, assessing, compromising or contesting taxes or assessments or applying for and receiving refunds in connection with such taxes or assessments; and
(D) Purchasing supplies, hiring assistance or labor and making repairs or alterations to the real property;
(6) Use, develop, alter, replace, remove, erect or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right;
(7) Participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, and hold and act with respect to stocks and bonds or other property received in a plan of reorganization, including:
(A) Selling or otherwise disposing of such stocks, bonds or other property;
(B) Exercising or selling an option, right of conversion or similar right with respect to such stocks, bonds or other property; and
(C) Exercising any voting rights in person or by proxy;
(8) Change the form of title of an interest in or right incident to real property; and
(9) Dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest.
(P.A. 15-240, S. 27; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 27, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-351d. General authority with respect to tangible personal property. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to:
(1) Demand, buy, receive, accept as a gift or as security for an extension of credit or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property;
(2) Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or otherwise dispose of tangible personal property or an interest in tangible personal property;
(3) Grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(4) Release, assign, satisfy or enforce by litigation or otherwise, a security interest, lien or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property;
(5) Manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including:
(A) Insuring against liability or casualty or other loss;
(B) Obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise;
(C) Paying, assessing, compromising or contesting taxes or assessments or applying for and receiving refunds in connection with such taxes or assessments;
(D) Moving the property from place to place;
(E) Storing the property for hire or on a gratuitous bailment; and
(F) Using and making repairs, alterations or improvements to the property; and
(6) Change the form of title of an interest in tangible personal property.
(P.A. 15-240, S. 28; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 28, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-351e. General authority with respect to stocks and bonds. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to:
(1) Buy, sell and exchange stocks and bonds;
(2) Establish, continue, modify or terminate an account with respect to stocks and bonds;
(3) Pledge stocks and bonds as security to borrow, pay, renew or extend the time of payment of a debt of the principal;
(4) Receive certificates and other evidences of ownership with respect to stocks and bonds; and
(5) Exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts and consent to limitations on the right to vote.
(P.A. 15-240, S. 29; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 29, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-351f. General authority with respect to commodities and options. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to:
(1) Buy, sell, exchange, assign, settle and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and
(2) Establish, continue, modify and terminate option accounts.
(P.A. 15-240, S. 30; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 30, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-351g. General authority with respect to banks and other financial institutions. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to:
(1) Continue, modify and terminate an account or other banking arrangement made by or on behalf of the principal;
(2) Establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm or other financial institution selected by the agent;
(3) Contract for services available from a financial institution, including renting a safe deposit box or space in a vault;
(4) Withdraw by: Check, order, electronic funds transfer or otherwise, money or property of the principal deposited with or left in the custody of a financial institution;
(5) Receive statements of account, vouchers, notices and similar documents from a financial institution and act with respect to them;
(6) Enter a safe deposit box or vault and withdraw or add to the contents;
(7) Borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(8) Make, assign, draw, endorse, discount, guarantee and negotiate promissory notes, checks, drafts and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal's order, transfer money, receive the cash or other proceeds of those transactions and accept a draft drawn by a person upon the principal and pay it when due;
(9) Receive for the principal and act upon a sight draft, warehouse receipt, or other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument;
(10) Apply for, receive and use letters of credit, credit and debit cards, electronic transaction authorizations and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and
(11) Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.
(P.A. 15-240, S. 31; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 31, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-351h. General authority with respect to operation of entity or business. Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to operation of an entity or business authorizes the agent to:
(1) Operate, buy, sell, enlarge, reduce, or terminate an ownership interest;
(2) Perform a duty or discharge a liability and exercise in person or by proxy a right, power, privilege or option that the principal has, may have or claims to have;
(3) Enforce the terms of an ownership agreement;
(4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party because of an ownership interest;
(5) Exercise in person or by proxy, or enforce by litigation or otherwise, a right, power, privilege or option the principal has or claims to have as the holder of stocks and bonds;
(6) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party concerning stocks and bonds;
(7) With respect to an entity or business owned solely by the principal:
(A) Continue, modify, renegotiate, extend and terminate a contract made by or on behalf of the principal with respect to the entity or business before execution of the power of attorney;
(B) Determine:
(i) The location of its operation;
(ii) The nature and extent of its business;
(iii) The methods of manufacturing, selling, merchandising, financing, accounting and advertising employed in its operation;
(iv) The amount and types of insurance carried; and
(v) The mode of engaging, compensating and dealing with its employees and accountants, attorneys or other advisors;
(C) Change the name or form of organization under which the entity or business is operated and enter into an ownership agreement with other persons to take over all or part of the operation of the entity or business; and
(D) Demand and receive money due or claimed by the principal or on the principal's behalf in the operation of the entity or business and control and disburse the money in the operation of the entity or business;
(8) Put additional capital into an entity or business in which the principal has an interest;
(9) Join in a plan of reorganization, consolidation, conversion, domestication or merger of the entity or business;
(10) Sell or liquidate all or part of an entity or business;
(11) Establish the value of an entity or business under a buyout agreement to which the principal is a party;
(12) Prepare, sign, file and deliver reports, compilations of information, returns or other papers with respect to an entity or business and make related payments; and
(13) Pay, compromise or contest taxes, assessments, fines or penalties and perform any other act to protect the principal from illegal or unnecessary taxation, assessments, fines or penalties, with respect to an entity or business, including attempts to recover, in any manner permitted by law, money paid before or after the execution of the power of attorney.
(P.A. 15-240, S. 32; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 32, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-351i. General authority with respect to insurance and annuities. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to:
(1) Continue, pay the premium or make a contribution on, modify, exchange, rescind, release or terminate a contract procured by or on behalf of the principal which insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract;
(2) Procure new, different and additional contracts of insurance and annuities for the principal and the principal's spouse, children and other dependents, and select the amount, type of insurance or annuity and mode of payment;
(3) Pay the premium or make a contribution on, modify, exchange, rescind, release or terminate a contract of insurance or annuity procured by the agent;
(4) Apply for and receive a loan secured by a contract of insurance or annuity;
(5) Surrender and receive the cash surrender value on a contract of insurance or annuity;
(6) Exercise an election;
(7) Exercise investment powers available under a contract of insurance or annuity;
(8) Change the manner of paying premiums on a contract of insurance or annuity;
(9) Change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section;
(10) Apply for and procure a benefit or assistance under a federal or state statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal;
(11) Collect, sell, assign, hypothecate, borrow against or pledge the interest of the principal in a contract of insurance or annuity;
(12) Select the form and timing of the payment of proceeds from a contract of insurance or annuity; and
(13) Pay, from proceeds or otherwise, compromise or contest and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.
(P.A. 15-240, S. 33; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 33, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-351j. General authority with respect to estates, trusts and other beneficial interests. (a) For purposes of this section, “estate, trust or other beneficial interest” means a trust, probate estate, guardianship, conservatorship, escrow or custodianship or a fund from which the principal is, may become or claims to be, entitled to a share or payment.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to estates, trusts and other beneficial interests authorizes the agent to:
(1) Accept, receive, receipt for, sell, assign, pledge or exchange a share in or payment from an estate, trust or other beneficial interest;
(2) Demand or obtain money or another thing of value to which the principal is, may become or claims to be, entitled by reason of an estate, trust or other beneficial interest, by litigation or otherwise;
(3) Exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal;
(4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity or effect of a deed, will, declaration of trust or other instrument or transaction affecting the interest of the principal;
(5) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute or surcharge a fiduciary;
(6) Conserve, invest, disburse or use anything received for an authorized purpose; and
(7) Transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities and other property to the trustee of a revocable trust created by the principal as settlor.
(P.A. 15-240, S. 34; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 34, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-351k. General authority with respect to claims and litigation. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to:
(1) Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance or other relief;
(2) Bring an action to determine adverse claims or intervene or otherwise participate in litigation;
(3) Seek an attachment, garnishment, order of arrest or other preliminary, provisional or intermediate relief and use an available procedure to effect or satisfy a judgment, order or decree;
(4) Make or accept a tender, offer of judgment or admission of facts, submit a controversy on an agreed statement of facts, consent to examination and bind the principal in litigation;
(5) Submit to alternative dispute resolution, settle and propose or accept a compromise;
(6) Waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement or other instrument in connection with the prosecution, settlement or defense of a claim or litigation;
(7) Act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value;
(8) Pay a judgment, award or order against the principal or a settlement made in connection with a claim or litigation; and
(9) Receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
(P.A. 15-240, S. 35; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 35, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-351l. General authority with respect to personal and family maintenance. (a) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to:
(1) Perform the acts necessary to maintain the customary standard of living of the principal, the principal's spouse and the following other individuals, whether living when the power of attorney is executed or later born:
(A) The principal's children whom the principal is legally obligated to support;
(B) Other individuals legally entitled to be supported by the principal; and
(C) The individuals whom the principal has customarily supported or indicated the intent to support;
(2) Make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party;
(3) Provide living quarters for the individuals described in subdivision (1) of this subsection by:
(A) Purchase, lease or other contract; or
(B) Paying the operating costs, including interest, amortization payments, repairs, improvements and taxes, for premises owned by the principal or occupied by the individuals described in subdivision (1) of this subsection;
(4) Provide normal domestic help, usual vacations and travel expenses and funds for shelter, clothing, food, appropriate education, including post secondary and vocational education and other current living costs for the individuals described in subdivision (1) of this subsection;
(5) Pay expenses for necessary health care and custodial care on behalf of the individuals described in subdivision (1) of this subsection;
(6) Act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 to 1179, inclusive, of the Social Security Act, 42 USC 1320d, as amended from time to time, and applicable federal regulations, in making decisions related to the past, present or future payment for the provision of health care consented to by the principal or anyone authorized under the law of this state to consent to health care on behalf of the principal;
(7) Continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring and replacing such automobiles or other means of transportation, for the individuals described in subdivision (1) of this subsection;
(8) Maintain credit and debit accounts for the convenience of the individuals described in subdivision (1) of this subsection and open new accounts;
(9) Continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order or other organization or continue contributions to those organizations; and
(10) Execute a written document in advance of the principal's death, in accordance with section 45a-318, directing the disposition of the principal's body upon the death of the principal or designating an individual to have custody and control of the disposition of the principal's body upon the death of the principal. Such written document may also designate another individual as an alternate to the individual designated to have custody and control of the disposition of the principal's body upon the death of the principal. Such disposition shall include, but not be limited to, cremation, incineration, disposition of cremains, burial, method of interment, alkaline hydrolysis and cryogenic preservation.
(b) Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under sections 1-350 to 1-353b, inclusive.
(P.A. 15-240, S. 36; P.A. 16-40, S. 2, 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 36, from July 1, 2016, to October 1, 2016, effective May 27, 2016, and amended Subsec. (a) by adding “whom the principal is legally obligated to support” in Subdiv. (1)(A), adding Subdiv. (10) re execution of a written document directing disposition of principal's body upon death and making technical changes, effective October 1, 2016.
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Sec. 1-351m. General authority with respect to benefits from governmental programs or civil or military service. (a) For purposes of this section, “benefits from governmental programs or civil or military service” means any benefit, program or assistance provided under a federal or state statute or regulation including Social Security, Medicare and Medicaid.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to:
(1) Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in subdivision (1) of subsection (a) of section 1-351l, and for shipment of their household effects;
(2) Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate or other instrument for that purpose;
(3) Enroll in, apply for, select, reject, change, amend or discontinue, on the principal's behalf, a benefit or program;
(4) Prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a federal or state statute or regulation;
(5) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a federal or state statute or regulation; and
(6) Receive the financial proceeds of a claim described in subdivision (4) of this subsection and conserve, invest, disburse or use for a lawful purpose anything so received.
(P.A. 15-240, S. 37; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 37, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-351n. General authority with respect to retirement plans. (a) For purposes of this section, “retirement plan” means a plan or account created by an employer, the principal or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary or owner, including a plan or account under the following sections of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time:
(1) An individual retirement account under 26 USC 408, as amended from time to time;
(2) A Roth individual retirement account under 26 USC 408A, as amended from time to time;
(3) A deemed individual retirement account under 26 USC 408(q), as amended from time to time;
(4) An annuity or mutual fund custodial account under 26 USC 403(b), as amended from time to time;
(5) A pension, profit sharing, stock bonus or other retirement plan qualified under 26 USC 401(a), as amended from time to time;
(6) A plan under 26 USC 457(b), as amended from time to time; and
(7) A nonqualified deferred compensation plan under 26 USC 409A, as amended from time to time.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to:
(1) Select the form and timing of payments under a retirement plan and withdraw benefits from a plan;
(2) Make a rollover, including a direct trustee to trustee rollover, of benefits from one retirement plan to another;
(3) Establish a retirement plan in the principal's name;
(4) Make contributions to a retirement plan;
(5) Exercise investment powers available under a retirement plan; and
(6) Borrow from, sell assets to or purchase assets from a retirement plan.
(P.A. 15-240, S. 38; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 38, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-351o. General authority with respect to taxes. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to:
(1) Prepare, sign and file federal, state, local and foreign income, gift, payroll, property, federal Insurance Contributions Act and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters and any other tax related documents, including, receipts, offers, waivers, consents, including consents and agreements under 26 USC 2032A, as amended from time to time, closing agreements and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following twenty-five tax years;
(2) Pay taxes due, collect refunds, post bonds, receive confidential information and contest deficiencies determined by the Internal Revenue Service or other taxing authority;
(3) Exercise any election available to the principal under federal, state, local or foreign tax law; and
(4) Act for the principal in all tax matters for all periods before the Internal Revenue Service, or other taxing authority.
(P.A. 15-240, S. 39; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 39, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-351p. General authority with respect to gifts. (a) For purposes of this section, a gift “for the benefit of” a person includes a gift to a trust, an account under the Uniform Transfers to Minors Act and a tuition savings account or prepaid tuition plan as defined under 26 USC 529, as amended from time to time.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to gifts authorizes the agent only to:
(1) Make outright to, or for the benefit of, a person, a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under 26 USC 2503(b), as amended from time to time, without regard to whether the federal gift tax exclusion applies to the gift, or if the principal's spouse agrees to consent to a split gift pursuant to 26 USC 2513, as amended from time to time, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and
(2) Consent, pursuant to 26 USC 2513, as amended from time to time, to the splitting of a gift made by the principal's spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.
(c) An agent may make a gift of the principal's property only as the agent determines is consistent with the principal's objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal's best interest based on all relevant factors, including:
(1) The value and nature of the principal's property;
(2) The principal's foreseeable obligations and need for maintenance;
(3) Minimization of taxes, including income, estate, inheritance, generation skipping transfer and gift taxes;
(4) Eligibility for a benefit, a program, or assistance under a federal or state statute or regulation; and
(5) The principal's personal history of making or joining in making gifts.
(P.A. 15-240, S. 40; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 40, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-352. Power of attorney short form, long form and optional information form. (a)(1) A document substantially in the form of either the short form, as set forth in subdivision (2) of this subsection, or the long form, as set forth in subdivision (3) of this subsection, may be used to create a statutory power of attorney that has the meaning and effect prescribed in sections 1-350 to 1-353b, inclusive. No provision of sections 1-350 to 1-353b, inclusive, shall be construed to bar the use of any other or different form of power of attorney desired by the parties concerned.
(2) “DURABLE STATUTORY POWER OF ATTORNEY - SHORT FORM
Notice: The powers granted by this document are broad and sweeping. They are defined in the Connecticut Uniform Power of Attorney Act, which expressly permits the use of any other or different form of power of attorney desired by the parties concerned. The grantor of any power of attorney or the agent may make application to a Probate Court for an accounting as provided in subsection (d) of section 45a-175 of the general statutes. This power of attorney does not authorize the agent to make health care decisions for you.
Know All Persons by These Presents, which are intended to constitute a GENERAL POWER OF ATTORNEY pursuant to the Connecticut Uniform Power of Attorney Act:
That I .... (insert name and address of the principal) do hereby appoint .... (insert name and address of the agent, or each agent, if more than one is designated) my agent(s) TO ACT .....
If more than one agent is designated and the principal wishes each agent alone to be able to exercise the power conferred, insert in this blank the word ‘severally'. Failure to make any insertion or the insertion of the word ‘jointly' shall require the agents to act jointly.
First: In my name, place and stead in any way which I myself could do, if I were personally present, with respect to the following matters as each of them is defined in the Connecticut Uniform Power of Attorney Act to the extent that I am permitted by law to act through an agent:
(Strike out and initial in the opposite box any one or more of the subparagraphs as to which the principal does NOT desire to give the agent authority. Such elimination of any one or more of subparagraphs (A) to (M), inclusive, shall automatically constitute an elimination also of subparagraph (N).)
To strike out any subparagraph the principal must draw a line through the text of that subparagraph AND write his initials in the box opposite.
(A) |
Real property; |
( ) |
(B) |
Tangible personal property; |
( ) |
(C) |
Stocks and bonds; |
( ) |
(D) |
Commodities and options; |
( ) |
(E) |
Banks and other financial institutions; |
( ) |
(F) |
Operation of entity or business; |
( ) |
(G) |
Insurance and annuities; |
( ) |
(H) |
Estates, trusts and other beneficial interests; |
( ) |
(I) |
Claims and litigation; |
( ) |
(J) |
Personal and family maintenance; |
( ) |
(K) |
Benefits from governmental programs or civil or military service; |
( ) |
(L) |
Retirement plans; |
( ) |
(M) |
Taxes; |
( ) |
(N) |
All other matters; |
( ) |
.......................................................................................................................................................................................................
.......................................................................................................................................................................................................
.......................................................................................................................................................................................................
.......................................................................................................................................................................................................
(Special provisions and limitations may be included in the statutory form power of attorney only if they conform to the requirements of the Connecticut Uniform Power of Attorney Act.)
Second: LIMITATION ON AGENT'S AUTHORITY
An agent MAY NOT use my property to benefit the agent or a dependent of the agent unless I have included that authority in any special instructions below.
Third: Hereby ratifying and confirming all that said agent(s) or substitute(s) do or cause to be done.
Fourth: With full and unqualified authority to exercise or delegate any or all of the foregoing powers granted under this power of attorney to any person or persons whom my agent(s) shall select.
Fifth: DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
If my agent is unable or unwilling to act for me, I name as my successor agent:
Name of Successor Agent: ____________________________
Successor Agent's Address: ___________________________
If my successor agent is unable or unwilling to act for me, I name as my second successor agent:
Name of Successor Agent: ____________________________
Successor Agent's Address: ___________________________
Sixth: DESIGNATION OF CONSERVATOR OF ESTATE (OPTIONAL)
If a conservator of my estate should be appointed, I designate that .... be appointed to serve as conservator of my estate. If .... is unable to serve or cease to serve as conservator of my estate, I designate that .... be appointed to serve as conservator of my estate.
I direct that bond for the conservator of my estate, including any sureties thereon .... be required .... not be required.
Seventh: EFFECTIVE DATE
This power of attorney is effective immediately unless I have stated otherwise in the special instructions.
The execution of this statutory short form power of attorney shall be duly acknowledged by the principal in the manner prescribed for the acknowledgment of a conveyance of real property.
In Witness Whereof I have hereunto signed my name and affixed my seal this .... day of ...., 20...
.... (Signature of Principal) (Seal)
....
Witness
....
Witness
STATE OF | } | ss: |
COUNTY OF |
On this the .... day of ...., 20.., before me, (name of the principal), signer of the foregoing instrument, personally appeared, and acknowledged the execution of such instrument to be his/her free act and deed.
....
Commissioner of the Superior Court
Notary Public
My commission expires: ....”
(3) “DURABLE STATUTORY POWER OF ATTORNEY - LONG FORM
Notice: The powers granted by this document are broad and sweeping. They are defined in the Connecticut Uniform Power of Attorney Act, which expressly permits the use of any other or different form of power of attorney desired by the parties concerned. The grantor of any power of attorney, the agent or such other person or entities as authorized by statute may make application to a Probate Court for an accounting as provided in subsection (d) of section 45a-175 of the general statutes. This power of attorney does not authorize the agent to make health care decisions for you.
Know All Persons by These Presents, which are intended to constitute a GENERAL POWER OF ATTORNEY pursuant to the Connecticut Uniform Power of Attorney Act:
That I .... (insert name and address of the principal) do hereby appoint .... (insert name and address of the agent, or each agent, if more than one is designated) my agent(s) TO ACT .....
If more than one agent is designated and the principal wishes each agent alone to be able to exercise the power conferred, insert in this blank the word ‘severally'. Failure to make any insertion or the insertion of the word ‘jointly' shall require the agents to act jointly.
First: In my name, place and stead in any way which I myself could do, if I were personally present, with respect to the following matters as each of them is defined in the Connecticut Uniform Power of Attorney Act to the extent that I am permitted by law to act through an agent:
(Strike out and initial in the opposite box any one or more of the subparagraphs as to which the principal does NOT desire to give the agent authority. Such elimination of any one or more of subparagraphs (A) to (M), inclusive, shall automatically constitute an elimination also of subparagraph (N).)
To strike out any subparagraph the principal must draw a line through the text of that subparagraph AND write his initials in the box opposite.
(A) |
Real property; |
( ) |
(B) |
Tangible personal property; |
( ) |
(C) |
Stocks and bonds; |
( ) |
(D) |
Commodities and options; |
( ) |
(E) |
Banks and other financial institutions; |
( ) |
(F) |
Operation of entity or business; |
( ) |
(G) |
Insurance and annuities; |
( ) |
(H) |
Estates, trusts and other beneficial interests; |
( ) |
(I) |
Claims and litigation; |
( ) |
(J) |
Personal and family maintenance; |
( ) |
(K) |
Benefits from governmental programs or civil or military service; |
( ) |
(L) |
Retirement plans; |
( ) |
(M) |
Taxes; |
( ) |
(N) |
All other matters; |
( ) |
.......................................................................................................................................................................................................
.......................................................................................................................................................................................................
.......................................................................................................................................................................................................
.......................................................................................................................................................................................................
(Special provisions and limitations may be included in the statutory form power of attorney only if they conform to the requirements of the Connecticut Uniform Power of Attorney Act.)
OPTIONAL ESTATE PLANNING POWERS
YOU SHOULD SEEK LEGAL ADVICE BEFORE INCLUDING THE FOLLOWING POWERS:
(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death.)
My agent MAY NOT do any of the following specific acts UNLESS I HAVE INITIALED the specific authority listed below:
(O) | Create, amend, revoke or terminate an inter vivos trust, provided in the case of a trust established for a disabled person pursuant to 42 USC 1396p (d)(4)(A) or 42 USC 1396p (d)(4)(C), the creation of such trust by an agent shall be only as permitted by federal law; | ( ) | |
(P) | Make a gift, subject to the limitations of the Connecticut Uniform Power of Attorney Act and any special instructions in this power of attorney. Unless otherwise provided in the special instructions, gifts per recipient may not exceed the annual dollar limits of the federal gift tax exclusion under Internal Revenue Code Section 2503(b), or if the principal's spouse agrees to consent to a split gift pursuant to Internal Revenue Code Section 2513, in an amount per recipient not to exceed twice the annual federal gift tax exclusion limit. In addition, an agent must determine that gifts are consistent with the principal's objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal's best interest based on all relevant factors; | ( ) | |
(Q) | Create or change rights of survivorship; | ( ) | |
(R) | Create or change a beneficiary designation; | ( ) | |
(S) | Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; | ( ) | |
(T) | Exercise fiduciary powers that the principal has authority to delegate; | ( ) | |
(U) | Disclaim or refuse an interest in property, including a power of appointment. | ( ) | |
(V) | Exercise all powers I may have over any digital device, digital asset, user account and electronically stored information, including any user account and digital asset that currently exists or may exist as technology develops, whether the same is in my own name or that I own or lawfully use jointly with any other individual; such powers include, but are not limited to, changing and circumventing my username and password to gain access to such user accounts and information; transferring or withdrawing funds or other digital assets among or from such user accounts; opening new user accounts in my name; all as my agent determines is necessary or advisable. I hereby give my lawful consent and fully authorize my agent to access, manage, control, delete and terminate any electronically stored information and communications of mine to the fullest extent allowable under the federal Electronic Communications Privacy Act of 1986, 18 USC 2510 et seq., as amended from time to time, the Connecticut Revised Uniform Fiduciary Access to Digital Assets Act and any other federal, state or international privacy law or other law and to take any actions I am authorized to take under all applicable terms of service, terms of use, licensing and other account agreements or laws. To the extent a specific reference to any federal, state, local or international law is required in order to give effect to this provision, I specifically provide that my intention is to so reference such law, whether such law is now in existence or comes into existence or is amended after the date of this document. | ( ) | |
(W) | With respect to any intellectual property interests of mine, including, without limitation, copyrights, contracts for payments of royalties and trademarks, act in all ways with respect to such interests as if my agent were the owner thereof, including, without limitation, registering ownership, transferring ownership and recording documents to effectuate or memorialize such transfer, granting and revoking licenses, entering, terminating and enforcing agreements, defending ownership and conferring agency upon professionals to represent my interests before governmental agencies, and in general, to exercise all powers with respect to the intellectual property that I could exercise if present. | ( ) |
Second: LIMITATION ON AGENT'S AUTHORITY
An agent MAY NOT use my property to benefit the agent or a dependent of the agent, except to the extent that I have included such authority elsewhere in this document.
Third: With full and unqualified authority to exercise or delegate any or all of the foregoing powers granted under this power of attorney to any person or persons whom my agent(s) shall select.
Fourth: Hereby ratifying and confirming all that said agent(s) or substitute(s) do or cause to be done.
Fifth: DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
If my agent is unable or unwilling to act for me, I name as my successor agent:
Name of Successor Agent: ____________________________
Successor Agent's Address: ___________________________
If my successor agent is unable or unwilling to act for me, I name as my second successor agent:
Name of Second Successor Agent: ____________________________
Second Successor Agent's Address: ___________________________
Sixth: DESIGNATION OF CONSERVATOR OF ESTATE (OPTIONAL)
If a conservator of my estate should be appointed, I designate that .... be appointed to serve as conservator of my estate. If .... is unable to serve or cease to serve as conservator of my estate, I designate that .... be appointed to serve as conservator of my estate.
I direct that bond for the conservator of my estate, including any sureties thereon .... be required .... not be required.
Seventh: EFFECTIVE DATE
This power of attorney is effective immediately unless I have stated otherwise in the special instructions.
The execution of this statutory long form power of attorney shall be duly acknowledged by the principal in the manner prescribed for the acknowledgment of a conveyance of real property.
In Witness Whereof I have hereunto signed my name and affixed my seal this .... day of ...., 20...
.... (Signature of Principal) (Seal)
....
Witness
....
Witness
STATE OF | } | ss: |
COUNTY OF |
On this the .... day of ...., 20.., before me, (name of the principal), signer of the foregoing instrument, personally appeared, and acknowledged the execution of such instrument to be his/her free act and deed.
....
Commissioner of the Superior Court
Notary Public
My commission expires: ....”
(b) A power of attorney is a “statutory form power of attorney”, as this phrase is used in sections 1-350 to 1-353b, inclusive, when it is in writing, has been duly acknowledged by the principal and contains the exact wording of clause First set forth in subsection (a) of this section, except that any one or more of subdivisions (A) to (V) may be stricken out and initialed by the principal, in which case the subdivisions so stricken out and initialed and also subdivision (N) shall be deemed eliminated. A statutory form power of attorney may contain modifications or additions of the types described in sections 1-350 to 1-353b, inclusive.
(c) If more than one agent is designated by the principal, such agents, in the exercise of the powers conferred, shall act jointly unless the principal specifically provides in such statutory short form power of attorney that they are to act severally.
(d) (1) The principal may indicate that a power of attorney duly acknowledged in accordance with this section shall take effect upon the occurrence of a specified contingency, including a date certain or the occurrence of an event, provided that an agent designated by the principal executes a written affidavit that such contingency has occurred.
(2) The principal may indicate the circumstance or date certain upon which the power of attorney shall cease to be effective.
(e) The following optional informational form may be used as part of the Statutory Form or as part of a separate document from the Statutory Form.
IMPORTANT INFORMATION FOR AGENT
Agent's Duties
When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship continues until you resign or the power of attorney is terminated or revoked. You must:
(1) Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;
(2) Act in good faith;
(3) Do nothing beyond the authority granted in this power of attorney; and
(4) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as “agent” in the following manner:
(Principal's Name) by (Your Signature) as Agent
Unless the special instructions in this power of attorney state otherwise, you must also:
(1) Act loyally for the principal's benefit;
(2) Avoid conflicts that would impair your ability to act in the principal's best interest;
(3) Act with care, competence, and diligence;
(4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;
(5) Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and
(6) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.
Termination of Agent's Authority
You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:
(1) Death of the principal;
(2) The principal's revocation of the power of attorney or your authority;
(3) The occurrence of a termination event stated in the power of attorney;
(4) The purpose of the power of attorney is fully accomplished; or
(5) If you are married to the principal, a legal action is filed with a court to end your marriage through divorce or annulment, or for your legal separation, unless the special instructions in this power of attorney state that such an action will not terminate your authority.
Liability of Agent
The meaning of the authority granted to you is defined in the Connecticut Uniform Power of Attorney Act, sections 1-350 to 1-353b, inclusive. If you violate the Connecticut Uniform Power of Attorney Act, sections 1-350 to 1-353b, inclusive, or act outside the authority granted, you may be liable for any damages caused by your violation.
If there is anything about this document or your duties that you do not understand, you should seek legal advice.
(P.A. 15-240, S. 41; P.A. 16-40, S. 3, 9; P.A. 17-91, S. 12.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 41, from July 1, 2016, to October 1, 2016, effective May 27, 2016, and amended Subsec. (a) to substantially revise provisions, including adding references to short form and long form, designating existing provisions as Subdivs. (1) and (3), adding Subdiv. (2) re short form statutory power of attorney and making technical and conforming changes, effective October 1, 2016; P.A. 17-91 amended Subsec. (a) by replacing provision re use of either short form or long form with provision re document substantially in form of either short form or long form in Subdiv. (1), replacing “STATUTORY POWER OF ATTORNEY” with “DURABLE STATUTORY POWER OF ATTORNEY”, replacing reference to Sec. 45a-175(b) with reference to Sec. 45a-175(d) and adding provisions re designation of conservator of estate in Subdivs. (2) and (3), substantially amending provisions re limitation on agent's authority in Subdiv. (2), adding reference to other person or entity authorized by statute, deleting Subpara. (S) re authorizing another person to exercise authority under power of attorney, redesignating Subparas. (T) to (V) as Subparas. (S) to (U), adding Subpara. (V) re digital device, digital asset, user account or electronically stored information, added Subpara. (W) re intellectual property interests, replacing provision re limitation on agent's authority with provision re same and adding provision re authority to exercise powers in Subdiv. (3), and making technical changes, effective July 1, 2017.
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Sec. 1-352a. Agent's certification. The following optional form may be used by an agent to certify facts concerning a power of attorney.
AGENT'S CERTIFICATION AS TO THE
VALIDITY OF POWER OF ATTORNEY
AND AGENT'S AUTHORITY
State of ______________________________
County of ____________________________
I, _____________________ (Name of Agent), certify under penalty of false statement that ____________________ (Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated ________________________.
I further certify that to my knowledge:
(1) the Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of Attorney and the Power of Attorney and my authority to act under the Power of Attorney have not terminated;
(2) if the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;
(3) if I was named as a successor agent, the prior agent is no longer able or willing to serve; and
(4)________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
(Insert other relevant statements)
SIGNATURE AND ACKNOWLEDGMENT
__________________________________ _______________
(Agent's Signature) (Date)
____________________________________________
(Agent's Name Printed)
____________________________________________
____________________________________________
(Agent's Address)
____________________________________________
(Agent's Telephone Number)
This document was acknowledged before me on _________________,
(Date)
by ______________________________________.
(Name of Agent)
________________________________________ (Seal, if any)
(Signature of Commissioner of Superior Court/Notary)
My commission expires: _________________________
(P.A. 15-240, S. 42; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 42, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-353. Uniformity of application and construction. In applying and construing the provisions of sections 1-350 to 1-353b, inclusive, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
(P.A. 15-240, S. 43; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 43, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
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Sec. 1-353a. Relation to Electronic Signatures in Global and National Commerce Act. Sections 1-350 to 1-353b, inclusive, modify, limit, and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq., but do not modify, limit, or supersede Section 101(c) of that act, 15 USC 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 USC 7003(b).
(P.A. 15-240, S. 44; P.A. 16-40, S. 9; P.A. 17-224, S. 1.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 44, from July 1, 2016, to October 1, 2016, effective May 27, 2016; P.A. 17-224 replaced “Section 3(b)” with “Section 103(b)”.
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Sec. 1-353b. Effect on existing powers of attorney. (a) Except as otherwise provided in sections 1-350 to 1-353b, inclusive, on and after October 1, 2016, said sections apply to:
(1) A power of attorney created before, on, or after October 1, 2016;
(2) A judicial proceeding concerning a power of attorney commenced on or after October 1, 2016; and
(3) A judicial proceeding concerning a power of attorney commenced before October 1, 2016, unless the court finds that application of a provision of sections 1-350 to 1-353b, inclusive, would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies.
(b) An act performed by an agent under a power of attorney before October 1, 2016, is not affected by sections 1-350 to 1-353b, inclusive.
(P.A. 15-240, S. 45; P.A. 16-40, S. 4, 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 45, from July 1, 2016, to October 1, 2016, effective May 27, 2016, and amended Subsecs. (a) and (b) by replacing references to October 1, 2015, with references to October 1, 2016, effective October 1, 2016.
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Secs. 1-354 to 1-359. Reserved for future use.
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Sec. 1-360. Short title: Connecticut Uniform Recognition of Substitute Decision-Making Documents Act. Sections 1-360 to 1-369, inclusive, may be cited as the “Connecticut Uniform Recognition of Substitute Decision-Making Documents Act”.
(P.A. 17-91, S. 1.)
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Sec. 1-361. Definitions. As used in sections 1-360 to 1-369, inclusive:
(1) “Decision maker” means a person authorized to act for an individual under a substitute decision-making document, whether denominated a decision maker, agent, attorney-in-fact, proxy or representative or by another title. “Decision maker” includes an original decision maker, a co-decision maker, a successor decision maker and a person to which a decision maker's authority is delegated;
(2) “Good faith” means honesty in fact;
(3) “Health care” means a service or procedure to maintain, diagnose, treat or otherwise affect an individual's physical or mental condition;
(4) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality, or other legal entity;
(5) “Personal care” means an arrangement or service to provide an individual shelter, food, clothing, transportation, education, recreation, social contact or assistance with the activities of daily living;
(6) “Property” means anything that may be subject to ownership, whether real or personal or legal or equitable, or any interest or right therein;
(7) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(8) “Substitute decision-making document” or “document” means a record created by an individual to authorize a decision maker to act for the individual with respect to property, health care or personal care.
(P.A. 17-91, S. 2.)
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Sec. 1-362. Validity of substitute decision-making document. (a) A substitute decision-making document for property executed outside this state is valid in this state if, when the document was executed, the execution complied with the law of the jurisdiction indicated in the document or, if no jurisdiction is indicated, the law of the jurisdiction in which the document was executed.
(b) A substitute decision-making document for health care or personal care, including the appointment of a health care representative, executed outside this state is valid in this state if, when the document was executed, the execution complied with: (1) The law of the jurisdiction indicated in the document or, if no jurisdiction is indicated, the law of the jurisdiction in which the document was executed; or (2) the law of this state, other than sections 1-360 to 1-369, inclusive.
(c) Except as otherwise provided by law, a photocopy or electronically transmitted copy of an original substitute decision-making document has the same effect as the original.
(P.A. 17-91, S. 3.)
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Sec. 1-363. Meaning and effect of substitute decision-making document. The meaning and effect of a substitute decision-making document and the authority of the decision maker are determined by the law of the jurisdiction indicated in the document or, if no jurisdiction is indicated, the law of the jurisdiction in which the document was executed.
(P.A. 17-91, S. 4.)
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Sec. 1-364. Reliance on substitute decision-making document. (a) Except as provided in subsection (f) of section 1-56b and sections 1-350r, 19a-579b and 19a-580g, a person who in good faith accepts a substitute decision-making document without actual knowledge that the document is void, invalid or terminated, or that the authority of the purported decision maker is void, invalid or terminated, may assume without inquiry that the document is genuine, valid and still in effect and that the decision maker's authority is genuine, valid and still in effect.
(b) A person who is asked to accept a substitute decision-making document may request and without further investigation rely on:
(1) The decision maker's assertion of a fact concerning the individual for whom a decision will be made, the decision maker or the document;
(2) A translation of the document if the document contains, in whole or in part, a language other than English; and
(3) An opinion of counsel regarding any matter of law concerning the document if the person provides in a record the reason for the request.
(P.A. 17-91, S. 5.)
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Sec. 1-365. Obligation to accept substitute decision-making document. (a) Except as provided in section 1-350s, a person who is asked to accept a substitute decision-making document shall accept within a reasonable time a document that purportedly meets the validity requirements of section 1-362. The person may not require an additional or different form of document for authority granted in the document presented.
(b) A person who is asked to accept a substitute decision-making document is not required to accept the document if:
(1) The person otherwise would not be required in the same circumstances to act if requested by the individual who executed the document;
(2) The person has actual knowledge of the termination of the decision maker's authority or the document;
(3) The person's request under subsection (b) of section 1-364 for the decision maker's assertion of fact, a translation or an opinion of counsel is refused;
(4) The person in good faith believes that the document is not valid or the decision maker does not have the authority to request a particular transaction or action; or
(5) The person makes, or has actual knowledge that another person has made, a report to an agency responsible for investigating allegations of abuse, neglect, exploitation or abandonment stating a belief that the individual for whom a decision will be made may be subject to abuse, neglect, exploitation or abandonment by the decision maker or a person acting for or with the decision maker.
(c) A person who refuses to accept a substitute decision-making document in violation of this section is subject to:
(1) A court order mandating acceptance of the document; and
(2) Liability for reasonable attorney's fees and costs incurred in an action or proceeding that mandates acceptance of the document.
(P.A. 17-91, S. 6.)
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Sec. 1-366. Remedies under other law. The remedies under sections 1-360 to 1-369, inclusive, are not exclusive and do not abrogate any right or remedy under any other law of this state.
(P.A. 17-91, S. 7.)
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Sec. 1-367. Uniformity of application and construction. In applying and construing sections 1-360 to 1-369, inclusive, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
(P.A. 17-91, S. 8.)
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Sec. 1-368. Operation of Connecticut Uniform Recognition of Substitute Decision-Making Documents Act with respect to federal act. Sections 1-360 to 1-369, inclusive, modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq., but do not modify, limit or supersede Section 101(c) of said act, 15 USC 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of said act, 15 USC 7003(b).
(P.A. 17-91, S. 9.)
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Sec. 1-369. Applicability. Sections 1-360 to 1-369, inclusive, apply to a substitute decision-making document created before, on or after October 1, 2017.
(P.A. 17-91, S. 10.)
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Secs. 1-370 to 1-499. Reserved for future use.
Note: Chapter 15d is also reserved for future use.
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