A Connecticut durable power of attorney (DPOA) is a legal document one person, called the principal, creates to authorize another person, called the agent, to take certain actions on their behalf.
The term durable means that the power of attorney will remain effective even after the principal becomes incapacitated or otherwise unable to act and represent their own interests.
This document is often called the general durable power of attorney or financial durable power of attorney, since the parties often use it to grant the authority to make financial decisions on someone's behalf.
The principal issues a durable power of attorney to authorize someone to represent them in case of their mental or physical disability, dementia, Alzheimer’s disease, or simply because they are not located near the plate where a certain action must be taken.
Durable Power of Attorney Laws & Requirements in Connecticut
Laws & Requirements
Signing. The principal must sign the document before at least two witnesses and a notary public. (§ 1-350d)
Statutory form. Connecticut General Statutes, § 1-352 provide the statutory form for the Connecticut durable power of attorney.
“Durable” definition. According to the Connecticut Statute, “Durable” means, with respect to a power of attorney, not terminated by the principal’s incapacity. (§ 1-350a(2))
How to Fill out a Durable Power of Attorney in Connecticut
#1. Designate an Agent
Provide your full name and mailing address, as well as the full name and mailing address of your agent. If necessary, add additional details about your agent, like their ID or professional license number.
When choosing an agent, you should look for a person who is trustworthy, capable, and willing to represent your interests.
Here, you can also name the successor agent, who will represent your interests if the primary agent becomes unavailable.
#2. Grant Authority
When granting authority to your agent, you should determine its scope.
Here, you will have three options:
Scope of Authority
General authority. Here, you will authorize your agent to take all the necessary steps and actions in your interests and interact with all the third parties. This means that the agent will have the same authority as the principal.
Partial authority. Here, you will select the actions you want the agent to take. You can do so by signing your initials before the authority you want your agent to have. You can authorize them to make purchases, sign contracts, and make financial, legal, and other decisions on your behalf.
Specific authority. With this option, you will describe the scope of authority you want your agent to have in your own words. You can also write down the names of all the third parties you want your agent to interact with on your behalf.
#3. Ensure the Form is Durable
If you want the agent to represent you even if you lose legal capacity, you should make sure your power of attorney is durable.
In Connecticut, the power of attorney is considered durable by default unless its non-durability is specifically highlighted in the document.
#4. Sign the Form
After you complete the durable power of attorney, you should sign it before two witnesses and a notary public.
#5. Notarize the Form
According to the power of attorney signing requirements in Connecticut, the notary public will put their signature and stamp on the document to confirm the authenticity of the document and the principal’s signature.
#6. Store Your Durable Power of Attorney Form
After you finalize the document, make sure you keep the original in your possession and in a safe place. You can give one copy to your agent so they can prove their capacity to the third parties they are interacting with on your behalf.
How to Revoke a Durable Power of Attorney in Connecticut
To revoke the Connecticut durable power of attorney, you should issue the revocation letter. In this letter, you will provide the name and mailing address of the agent and the date of issuing the power of attorney.
To revoke the power of attorney, the principal must have the capacity. However, even if the principal has already lost capacity, the third party can initiate the power of attorney revocation if they suspect the agent is abusing their authority.
After creating and signing the revocation letter, you should deliver it to the agent and every third party the agent is interacting with on your behalf so the revocation can become effective.