The sole purpose of this domain name (and associated website) is to provide a Word version of a pre-2015 Connecticut durable power of attorney (slightly modified), which can be downloaded for free by clicking here. You may modify it as you may like.
There are a couple of things to remember about pre-2015 powers of attorney and various changes made in this power of attorney:
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- This is a durable power of attorney, which it remains valid even though the principal is incapacitated (but not dead!).
- Health care decisions were removed from the statutory short form power of attorney in 2015. Such matters remain in this power of attorney.
- A general power of attorney does not allow gifts, unless specifically included. A gifting power is specifically included on this form.
- A general power of attorney does not allow the creation or funding of trusts, unless specifically included. An explicit provision allows the creation and funding of trusts in this power of attorney.
- This power of attorney needs to be signed in front of two witnesses and a notary public.
If this is important, you are urged to consult with a Connecticut attorney and not to rely upon free websites. It is a false economy.
The Connecticut Judicial Branch has a good reference page on powers of attorney which can be found here.
Your attention is directed to Connecticut General Statutes §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.