Connecticut’s Rules for Creating a Valid Power of Attorney

Creating a valid Power of Attorney (POA) is an essential aspect of estate planning in Connecticut. A Power of Attorney allows an individual, known as the principal, to appoint someone else, referred to as the agent or attorney-in-fact, to make decisions on their behalf. Understanding Connecticut’s specific rules for establishing a valid Power of Attorney is crucial for ensuring that your wishes are honored should the need arise.

1. Legal Capacity
In Connecticut, the principal must have the legal capacity to create a Power of Attorney. This means that the principal must be at least 18 years old and of sound mind at the time of signing the document. If a principal is found to be incapacitated at the time of making the POA, it may be deemed invalid.

2. Written Document
A Power of Attorney in Connecticut must be documented in writing. Oral agreements or verbal understandings do not satisfy legal requirements. The document should clearly state that the principal grants authority to the agent to act on their behalf.

3. Specific Powers
In Connecticut, a Power of Attorney may grant general or specific powers. A general POA allows the agent to manage a wide range of affairs, while a specific POA limits authority to particular tasks, such as managing a real estate transaction or handling financial matters. It’s essential to specify the powers being granted to avoid confusion or misuse.

4. Signatures
For the Power of Attorney to be valid, it must be signed by the principal. In Connecticut, if the principal is unable to sign due to physical incapacity, the signature may be made by another individual in the principal’s presence and at their direction. This person should also sign the document to acknowledge they are signing on behalf of the principal.

5. Witnesses
Connecticut law requires that the Power of Attorney be signed in the presence of at least one witness. The witness must be someone who is not designated as an agent in the document to prevent any conflicts of interest. It’s advisable to have two witnesses to strengthen the validity of the document.

6. Notarization
While notarization is not strictly required in Connecticut, having the Power of Attorney notarized adds another layer of validation. A notary public can confirm the identity of the principal and witness, which is especially valuable if the document is brought before a court.

7. Durable vs. Non-Durable
Connecticut law allows for both durable and non-durable Power of Attorney designations. A durable POA remains effective even if the principal becomes incapacitated, whereas a non-durable POA becomes ineffective upon the principal’s incapacity. It’s crucial to state explicitly whether the document is durable to ensure it meets your needs.

8. Revocation
In Connecticut, a principal can revoke a Power of Attorney at any time as long as they retain legal capacity. Revocation should be done in writing, and it is advisable to notify the agent and any third parties who may rely on the original POA to avoid confusion.

9. Storage and Access
Once completed, the Power of Attorney document should be stored in a secure location, and copies should be given to the agent and trusted family members. Keeping multiple copies can help ensure that they are available when needed.

Creating a valid Power of Attorney in Connecticut requires careful consideration of the laws and requirements. By adhering to these rules, you can ensure that your Power of Attorney is legally binding and effectively communicates your wishes when you may not be able to do so yourself.