What Is a Connecticut Power of Attorney?
A Connecticut power of attorney is a legal document that allows a person (called the principal) to give another person (called the agent or attorney-in-fact) the authority to act on their behalf.
This document is often used to:
- Prepare for incapacity due to illness or age
- Handle real estate, tax, or vehicle transactions
- Manage banking and financial accounts
- Make medical decisions when you’re unable to speak for yourself
The principal must be mentally competent at the time of signing. A POA cannot be created once the principal is incapacitated.
Under the Connecticut Uniform Power of Attorney Act, all statutory POAs are considered durable unless stated otherwise.
Types of Powers of Attorney in Connecticut
The type of POA you need depends on the authority you want to give your agent. Connecticut law allows several kinds of power of attorney, each with specific use cases.
Durable (Financial)
Allows your agent to retain their powers even when you become incapacitated.
Signing Requirements: Notary public and two witnesses.
Medical
Authorizes an agent to manage your medical affairs.
Signing Requirements: Notary public and two witnesses (Sec. 19a-576).
Limited (Special)
Enables you to give limited powers to an agent for specific tasks, and typically ends when those tasks have been completed.
Signing Requirements: Notary public and two witnesses.
Non-Durable (General)
This document lets your appointed agent manage your financial affairs. The powers granted will end upon the principal’s incapacitation.
Signing Requirements: Notary public and two witnesses.
Springing
Comes into effect at a future time and only when a specific event occurs (such as the incapacitation of the principal).
Signing Requirements: Notary public and two witnesses.
Motor Vehicle (Form A-83)
You may assign a third party the authority to act on your behalf in matters related to motor vehicles.
Signing Requirements: Notary public and two witnesses.
Real Estate
Designates an agent for the sale, management, or mortgage of the principal's real property.
Signing Requirements: Notary public and two witnesses.
Tax (Form LGL-001)
You may assign a representative to act on your behalf in tax-related matters.
Signing Requirements: Principal.
Minor (Child)
Enables parents to delegate specific parental responsibilities to an agent.
Signing Requirements: Notary public and two witnesses.
Revocation
Enables a principal to terminate the authority granted to an agent under an existing POA.
Signing Requirements: Notary public and two witnesses.
Durable vs. Non-Durable Power of Attorney
Under CT Gen Stat § 1-350c, a Connecticut POA is durable by default, meaning it remains valid if the principal becomes incapacitated. A non-durable POA must clearly state that it ends upon the principal’s incapacity.
Medical/Health Care Power of Attorney
Also known as a Connecticut health care power of attorney form, a medical power of attorney grants an agent the power to make health care-related decisions for the principal, under CT Gen Stat §§ 19a-570 to 19a-580i.
Financial Power of Attorney
A financial power of attorney can give an agent authority to transact and make other decisions involving a principal’s money or property. Under CT Gen Stat § 1-351, financial powers that a principal could grant an agent under a Connecticut power of attorney include:
- Enter into contracts
- Make gifts
- Buy, sell, lease, or transfer property
- Open or close financial accounts
- Sign legal documents
How To Write a Power of Attorney for Connecticut
Writing a Connecticut power of attorney will depend on the specific types of powers the principal wants to grant to an agent and any other conditions or restrictions related to the grant of power. You can create a valid Connecticut POA by including these elements:
- The name of the principal and agent
- The type of power granted to the agent
- The effective date of the power of attorney
- Any limitations, exclusions, conditions, or restrictions on the powers granted
- The duration of the power of attorney, including any terminating events
Our document builder allows you to directly edit our Connecticut power of attorney form with your preferred details or modifications.
Legal Requirements and Considerations for Connecticut POAs
You must meet a few legal requirements for an executed power of attorney to be enforceable in Connecticut under CT Gen Stat § 1-350d. First, the principal must either sign and date the power of attorney form or, in their conscious physical presence, direct another person to sign on their behalf. The signature must also take place in the presence of two witnesses.
Duration
A power of attorney can be effective for varying durations depending on its purpose and the principal’s wishes. The duration could be indefinite from the date of signature until the death of the principal or agent. Alternatively, the duration could be for a limited period.
For example, a power of attorney could be given to an agent for a specific purpose, such as resolving a tax matter with a government department. The duration of a power of attorney in those cases may only last for the time needed to complete its purpose.
Termination
A Connecticut power of attorney could terminate if any of the conditions under CT Gen Stat § 1-350i exist. These terminating events include:
- The principal or agent dies.
- The agent becomes incapacitated.
- The agent resigns.
- The purpose of the power of attorney is accomplished.
- The power of attorney provides that it terminates upon satisfaction of some condition.
- The principal revokes the power of attorney.
- The court orders the termination of the power of attorney.
Revocation
You can perform a revocation of a power of attorney using our Connecticut form. This document provides formal notice of the principal’s decision to terminate the agent’s authority granted under the original power of attorney.
As the principal, you will want to sign and date the revocation and state its effective date. After executing the revocation, you must share a copy with the agent and any entities or institutions that rely on the revoked power of attorney. The agent can continue acting on your behalf until they receive notice of the revocation.
Filing
It may be necessary to file the executed power of attorney with any entities or institutions that would rely on it when interacting with the appointed agent. For example, a real estate power of attorney may require filing a copy with your local town clerk’s office.
Other common institutions where it may be helpful to file the power of attorney include hospitals, banks, schools, financial institutions, and other places of business.
Signing and Notarization
The principal’s signature, before two witnesses, is necessary to execute an enforceable power of attorney in Connecticut. Additionally, you should notarize your form to establish a presumption of it being genuine under CT Gen Stat § 1-350d.
