Connecticut General Statutes
Article 4 - Bank Deposits and Collections
Section 42a-4-405. - Death or incompetence of customer.

(a) A payor or collecting bank's authority to accept, pay, or collect an item or to account for proceeds of its collection, if otherwise effective, is not rendered ineffective by incompetence of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incompetence. Neither death nor incompetence of a customer revokes the authority to accept, pay, collect, or account until the bank knows of the fact of death or of an adjudication of incompetence and has reasonable opportunity to act on it.

(b) Even with knowledge, a bank may for ten days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account.
(1959, P.A. 133, S. 4-405; P.A. 91-304, S. 101.)
History: P.A. 91-304 replaced numeric with alphabetic Subsec. indicators and made minor changes in wording and punctuation.
Regardless of whether section would have protected defendants if they had made requested payments, trial court could conclude as it did that since plaintiff, when he executed power of attorney, was incompetent to do so, and since he did not subsequently regain his competence and act to ratify his appointment of defendant as attorney in fact, defendant had no authority to request withdrawals from defendants. 6 Conn. Cir. Ct. 148.

Structure Connecticut General Statutes

Connecticut General Statutes

Title 42a - Uniform Commercial Code

Article 4 - Bank Deposits and Collections

Section 42a-4-101. - Short title: Uniform Commercial Code–Bank Deposits and Collections.

Section 42a-4-102. - Applicability.

Section 42a-4-103. - Variation by agreement. Measure of damages. Action constituting ordinary care.

Section 42a-4-104. - Definitions and index of definitions.

Section 42a-4-105. - “Bank”. “Depositary bank”. “Payor bank”. “Intermediary bank”. “Collecting bank”. “Presenting bank”.

Section 42a-4-106. - Payable through or payable at bank. Collecting bank.

Section 42a-4-107. - Separate office of bank.

Section 42a-4-108. - Time of receipt of items.

Section 42a-4-109. - Delays.

Section 42a-4-110. - Electronic presentment.

Section 42a-4-111. - Statute of limitations.

Section 42a-4-201. - Status of collecting bank as agent and provisional status of credits. Applicability of article. Item endorsed “pay any bank”.

Section 42a-4-202. - Responsibility for collection or return. When action timely.

Section 42a-4-203. - Effect of instructions.

Section 42a-4-204. - Methods of sending and presenting. Sending directly to payor bank.

Section 42a-4-205. - Depositary bank holder of unendorsed item.

Section 42a-4-206. - Transfer between banks.

Section 42a-4-207. - Transfer warranties.

Section 42a-4-208. - Presentment warranties.

Section 42a-4-209. - Encoding and retention warranties.

Section 42a-4-210. - Security interest of collecting bank in items, accompanying documents and proceeds.

Section 42a-4-211. - When bank gives value for purposes of holder in due course.

Section 42a-4-212. - Presentment by notice of item not payable by, through or at bank. Liability of drawer or endorser.

Section 42a-4-213. - Medium and time of settlement by bank.

Section 42a-4-214. - Right of charge-back or refund. Liability of collecting bank. Return of item.

Section 42a-4-215. - Final payment of item by payor bank. When provisional debits and credits become final. When certain credits become available for withdrawal.

Section 42a-4-216. - Insolvency and preference.

Section 42a-4-301. - Deferred posting. Recovery of payment by return of items. Time of dishonor. Return of items by payor bank.

Section 42a-4-302. - Payor bank's responsibility for late return of item.

Section 42a-4-303. - When items subject to notice, stop-payment order, legal process or set-off. Order in which items may be charged or certified.

Section 42a-4-401. - When bank may charge customer's account.

Section 42a-4-402. - Bank's liability to customer for wrongful dishonor. Time of determining insufficiency of account.

Section 42a-4-403. - Customer's right to stop payment. Burden of proof of loss.

Section 42a-4-404. - Bank not obligated to pay check more than six months old.

Section 42a-4-405. - Death or incompetence of customer.

Section 42a-4-406. - Customer's duty to discover and report unauthorized signature or alteration.

Section 42a-4-407. - Payor bank's right to subrogation on improper payment.

Section 42a-4-501. - Handling of documentary drafts; duty to send for presentment and to notify customer of dishonor.

Section 42a-4-502. - Presentment of “on arrival” drafts.

Section 42a-4-503. - Responsibility of presenting bank for documents and goods; report of reasons for dishonor; referee in case of need.

Section 42a-4-504. - Privilege of presenting bank to deal with goods; security interest for expenses.