(a) A power of attorney terminates when:
(1) The principal dies;
(2) The principal becomes incapacitated, if the power of attorney is not durable;
(3) The principal revokes the power of attorney;
(4) The power of attorney provides that it terminates;
(5) The purpose of the power of attorney is accomplished;
(6) 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
(7) The power of attorney is terminated by a court pursuant to subsection (b) of section 1-350g.
(b) An agent's authority terminates when:
(1) The principal revokes the authority;
(2) A court terminates the agent's authority pursuant to subsection (b) of section 1-350g;
(3) The agent dies or resigns;
(4) The agent becomes incapacitated. Unless the power of attorney otherwise provides, an agent shall be determined to be incapable of acting as an agent upon a determination in a writing or other record that the agent is incapacitated:
(A) Within the meaning set forth in subparagraph (A) of subdivision (5) of section 1-350a, by:
(i) A judge in a court proceeding;
(ii) Two independent physicians, two independent advanced practice registered nurses or one independent physician and one independent advanced practice registered nurse; or
(iii) A successor agent, designated in accordance with section 1-350j, if a written opinion of a physician or an advanced practice registered nurse cannot be obtained either due to the refusal of an agent to be examined by a physician or an advanced practice registered nurse or due to an agent's failure to execute an authorization to release medical information; or
(B) Within the meaning set forth in subparagraph (B) of subdivision (5) of section 1-350a, by a judge;
(5) An action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or
(6) The power of attorney terminates.
(c) Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subsection (b) of this section, notwithstanding a lapse of time since the execution of the power of attorney.
(d) Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(e) Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.
(f) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.
(P.A. 15-240, S. 10; P.A. 16-39, S. 1; 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-39 amended Subsec. (b)(4)(A) by adding “, two independent advanced practice registered nurses or one independent physician and one independent advanced practice registered nurse” in clause (ii), and adding references to advanced practice registered nurse in clause (iii); P.A. 16-40 changed effective date of P.A. 15-240, S. 10, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
Structure Connecticut General Statutes
Title 1 - Provisions of General Application
Section 1-350. - Short title: Connecticut Uniform Power of Attorney Act.
Section 1-350a. - Definitions.
Section 1-350b. - Applicability.
Section 1-350c. - Power of attorney is durable.
Section 1-350d. - Execution of power of attorney.
Section 1-350e. - Validity of power of attorney.
Section 1-350f. - Meaning and effect of power of attorney.
Section 1-350g. - Nomination of conservator in power of attorney.
Section 1-350h. - When power of attorney effective.
Section 1-350i. - Termination of power of attorney or agent's authority.
Section 1-350j. - Coagents and successor agents.
Section 1-350k. - Reimbursement and compensation of agent.
Section 1-350l. - Agent's acceptance.
Section 1-350m. - Agent's duties.
Section 1-350n. - Exoneration of agent.
Section 1-350o. - Judicial relief.
Section 1-350p. - Agent's liability.
Section 1-350q. - Agent's resignation. Notice.
Section 1-350r. - Acceptance of and reliance upon acknowledged power of attorney.
Section 1-350s. - Liability for refusal to accept acknowledged power of attorney.
Section 1-350t. - Principles of law and equity.
Section 1-350u. - Laws applicable to financial institutions or other entities.
Section 1-350v. - Remedies under other law.
Section 1-351. - Authority that requires specific grant. Grant of general authority.
Section 1-351a. - Incorporation of authority.
Section 1-351b. - Construction of authority, generally.
Section 1-351c. - General authority with respect to real property.
Section 1-351d. - General authority with respect to tangible personal property.
Section 1-351e. - General authority with respect to stocks and bonds.
Section 1-351f. - General authority with respect to commodities and options.
Section 1-351g. - General authority with respect to banks and other financial institutions.
Section 1-351h. - General authority with respect to operation of entity or business.
Section 1-351i. - General authority with respect to insurance and annuities.
Section 1-351j. - General authority with respect to estates, trusts and other beneficial interests.
Section 1-351k. - General authority with respect to claims and litigation.
Section 1-351l. - General authority with respect to personal and family maintenance.
Section 1-351n. - General authority with respect to retirement plans.
Section 1-351o. - General authority with respect to taxes.
Section 1-351p. - General authority with respect to gifts.
Section 1-352. - Power of attorney short form, long form and optional information form.
Section 1-352a. - Agent's certification.
Section 1-353. - Uniformity of application and construction.
Section 1-353a. - Relation to Electronic Signatures in Global and National Commerce Act.
Section 1-353b. - Effect on existing powers of attorney.
Section 1-362. - Validity of substitute decision-making document.
Section 1-363. - Meaning and effect of substitute decision-making document.
Section 1-364. - Reliance on substitute decision-making document.
Section 1-365. - Obligation to accept substitute decision-making document.
Section 1-366. - Remedies under other law.
Section 1-367. - Uniformity of application and construction.