(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 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 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;
(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, 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.
(b) Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under sections 1-350 to 1-353b, inclusive.
(P.A. 15-240, S. 36; P.A. 16-40, S. 2, 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 36, from July 1, 2016, to October 1, 2016, effective May 27, 2016, and amended Subsec. (a) by adding “whom the principal is legally obligated to support” in Subdiv. (1)(A), adding Subdiv. (10) re execution of a written document directing disposition of principal's body upon death and making technical changes, effective October 1, 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.