Law Summaries

Connecticut Power of Attorney Law

Power of Attorney and Health Care - General - Connecticut

Related to Power Of Attorney And Health Care

The use of the statutory form in the creation of a power of attorney is authorized, and, when used, it shall be construed in accordance with the provisions of the Connecticut Statutory Short Form Power of Attorney Act.

Special provisions and limitations may be included in the statutory short form power of attorney only if they conform to the requirements of the Connecticut Statutory Short Form Power of Attorney Act ( the "Act"). The Act is not to be construed to bar the use of any other or different form of power of attorney desired by the parties concerned. Every statutory short form power of attorney shall contain, in boldface type or a reasonable equivalent thereof, the "Notice" at the beginning of this section.

A power of attorney is a "statutory short form power of attorney" when it is in writing, has been duly acknowledged by the principal and contains the exact wording of set forth in the Act.

If more than one agent is designated by the principal, the such agents act jointly unless the principal specifically provides that they are to act severally.

The principal may indicate that a power of attorney is to take effect upon the occurrence of a specified contingency, including a date certain or the occurrence of an event. The agent must execute a written affidavit in accordance with section 1-56h that such contingency has occurred. Further, the principal may indicate the circumstance or date certain upon which the power of attorney shall cease to be effective.

In a statutory short form power of attorney, the language conferring general authority with respect to health care decisions is construed to mean that the principal, who, in the judgment of the attending physician, is unable to receive and effectively evaluate information pertaining to any health care decision, or to effectively and rationally communicate such decisions, authorizes the agent to consent to, refuse to consent to, or withdraw consent to any medical treatment other than that designed solely for the purpose of maintaining physical comfort, the withdrawal of life support systems or the withdrawal of nutrition or hydration.

The subsequent disability or incompetence of a principal does not revoke or terminate the authority of any person who acts under a power of attorney in a writing executed by the principal, if the writing contains the words "this power of attorney shall not be affected by the subsequent disability or incompetence of the principal," or words of similar import showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent disability or incompetence. A durable power of attorney must be executed and witnessed in the same manner as for deeds.

If a conservator of the estate of the principal is appointed after the occurrence of disability or incompetence, the power of attorney ceases at the time of the appointment, and the person acting under the power of attorney must account to the conservator rather than to the principal.

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