Past President Deborah Tedford along with CBA member, Suzanne Walsh, have helped to fashion the new 2016 Power of Attorney Forms based on the new legislation. This is the first change to the forms in over 40 years.
Changes to the Connecticut Uniform Power of Attorney (POA) Act are designed to make powers of attorney easier to use. One important provision, requires banks and other financial institutions to honor a POA document, and grants new authority to the Probate Courts to compel these institutions to accept POAs. The act also better protects vulnerable individuals from POA abuses and financial exploitation by providing remedies through the Probate Courts. The new law applies retroactively, meaning its safeguards extend to existing valid POA documents. The new law also gives the Probate Courts additional authority to resolve problems that may develop in the course of following a POA document.
To view the new forms and learn more about the changes to the Power of Attorney Act, visit ctbar.org/2016POA.
Thank you Deborah and Suzanne for this important service. There is one change I believe should be made when these Forms receive a next look, which has to do with the authority we as attorneys possess pursuant to CGS Sec. 51-85. Our authority regarding acknowledgements is there limited to acknowledgements of deeds. We have no general authority to take acknowledgements. Oaths, yes - acknowledgements, no. The better practice is therefore to have a notary public take the acknowledgement of the principal. A notarial act probably travels better outside Connecticut in any event.