Connecticut Delays Effective Date of Uniform Power of Attorney Act

• June 6, 2016
• Laura Eckstein

By Laura Eckstein, J.D.
Connecticut amended its provisions regarding its Uniform Power of Attorney Act including delaying the effective date of the Act. Sections 1 to 57, inclusive, of public act 15-240 are now effective on October 1, 2016.
Section 1.

• 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.

Section 2.

• 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 those 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 [them] 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; and

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, as amended by this act, 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.

Subsection (a) of section 1-352 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2016):
The use of either the following short form or long form in the creation of a power of attorney is authorized, and, when used, the short form or long form shall be construed in accordance with the provisions of sections 1-350 to 1-353b, inclusive, as amended by this act. No provision of sections 1-350 to 1-353b, inclusive, as amended by this act, shall be construed to bar the use of any other or different form of power of attorney desired by the parties concerned.
Section 4.

• a) Except as otherwise provided in sections 1-350 to 1-353b, inclusive, as amended by this act, 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, as amended by this act, 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, as amended by this act.

• a) Except as authorized by a court of competent jurisdiction, a conservator shall comply with a conserved person’s individual health care instructions and other wishes, if any, expressed while the conserved person had capacity and to the extent known to the conservator, and the conservator may not revoke the conserved person’s advance health care directive or a directive executed in accordance with subdivision (10) of section 1-351l, as amended by this act, or section 45a-318, as amended by this act, unless the appointing court expressly so authorizes.

View the full text at https://www.cga.ct.gov/2016/act/pa/pdf/2016PA-00040-R00SB-00142-PA.pdf
About the Author
Laura Eckstein, J.D is a Regulatory Compliance Consultant at Bankers Advisory. She is a graduate of the University of Rhode Island and earned her Juris Doctor at Suffolk Law School. She is admitted to the Bar in Massachusetts and New Hampshire.She may be reached at laura.eckstein@bankersadvisory.com

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