Connecticut Durable (Statutory) Power of Attorney Form

An agent under a power of attorney may perform the following activities on behalf of the principal only if the power of attorney expressly grants the agent the authority:^[3]

• (1) Create, amend, revoke, or terminate an inter vivos trust, provided, in the case of a trust established for a disabled person pursuant to 42 USC 1396p(d)(4)(A) or 42 USC 1396p(d)(4)(C), the creation of such trust by an agent shall be only as permitted by federal law;
• Make a gift;
• Create or change rights of survivorship;
• Create or change a beneficiary designation;
• Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan;
• Exercise fiduciary powers that the principal has authority to delegate;
• Disclaim property, including a power of appointment;
• Exercise all powers the principal may have over any of the principal’s digital device, digital asset, user account and electronically stored information;
• Manage the principal’s intellectual property rights.

The power of attorney may also grant specific or general authority to manage any of the following areas on behalf of the principal:^[4]

• Real property;
• Tangible personal property;
• Stocks and bonds;
• Commodities and options;
• Banks and other financial institutions;
• Operation of entity or business;
• Insurance and annuities;
• Estates, trusts, and other beneficial interests;
• Claims and litigation;
• Personal and family maintenance;
• Benefits from governmental programs or civil or military service;
• Retirement plans;
• Taxes; and
• Gifts.

“Durable” means, with respect to a power of attorney, not terminated by the principal’s incapacity.^[5]

“Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.^[6]

A power of attorney terminates when:^[7]

• The principal dies;
• The principal becomes incapacitated, if the power of attorney is not durable;
• The principal revokes the power of attorney;
• The power of attorney provides that it terminates;
• The purpose of the power of attorney is accomplished;
• The principal revokes the agent’s authority or the agent dies, becomes incapacitated, or resigns and the power of attorney does not provide for another agent to act under the power of attorney; or
• The power of attorney is terminated by a court.

An agent’s authority terminates when:

• The principal revokes the authority;
• A court terminates the agent’s authority;
• The agent dies or resigns;
• The agent becomes incapacitated.