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Question
Do I really need a power of attorney in Connecticut?
If you want to choose someone to pay your bills and make decisions for you when you are incapacitated, you need a power of attorney and a similar document called an appointment of health care representative (learn more on our page about health care directives and living wills).
If you become incapacitated and do not have a power of attorney, a court likely will intervene to appoint someone to make decisions for you. The court process can be lengthy and expensive, and it can cause stress for your loved ones.
With FindLaw, you can easily create a power of attorney. Click on the links below to jump down the page:
How it works
The process takes less than an hour, and you can complete it from the comfort of your home.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time
Gather information
Indicate who your agent will be and what authority you want them to have
Complete your document
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary
Plan for your future with confidence
This free guide will help you:
Learn the most common estate planning terms
Understand the essential estate planning tools
Gather critical information with an estate planning checklist
How to get a power of attorney
Follow these steps to ensure your document is valid in Connecticut:
Choose how much power you want to give
You can use a power of attorney to give your agent limited or broad authority to act for you. If you are planning for your own incapacity, you should give your agent broad enough powers to pay your bills and care for your property.
However, you can create more than one power of attorney if you want someone to have authority for a limited purpose. For example, many people give a financial adviser a power of attorney to manage their investments. You also could give someone a power of attorney to negotiate and complete a sale of property for you.
Choose your agent
When choosing your agent, you should pick people who are trustworthy. Think of the people whom you would trust with your most precious property and your life. These are the people you should consider to be your agent.
Your agent also should be wise with money, able to understand complicated documents, and comfortable speaking with financial and legal professionals. You can name co-agents to serve at the same time, but this is usually not a good idea because it can lead to confusion and disagreements between your agents.
Find a reliable form
Your form needs to comply with Connecticut law. If you get a generic form that is not tailored to Connecticut law, you could end up with an invalid power of attorney or appointment of health care representative. We offer easy-to-complete specifically tailored to Connecticut law and your individual situation.
Note: The Connecticut Uniform Power of Attorney Act includes two forms for powers of attorney. These forms are the statutory short form power of attorney and the statutory long-form power of attorney. If you use a power attorney form from the statutes, you should use the statutory short form. The long-form is more complicated and includes the authority to create estate planning documents. You should consult with an estate planning attorney licensed in Connecticut before using the statutory long-form power of attorney.
Sign your form with witnesses
You must sign and date your power of attorney or direct another person to sign in your name (in your presence). Two witnesses must be present for the signing. You also need to acknowledge your signature before a notary public.
Deliver your form to the right people
Your power of attorney is useless if no one else knows where it is. You should make sure your agent has a copy of your power of attorney.
You also should consider giving your power of attorney to banks or businesses you want your agent to deal with.
Commonly asked questions about Connecticut powers of attorney
There are several types of powers of attorney in Connecticut that you should be familiar with:
Durable power of attorney
If you want someone to act for you when you cannot, you should make sure you have a durable power of attorney. A durable power of attorney remains effective when the principal becomes incapacitated. In Connecticut, a power of attorney is durable unless it specifically states that it is not.
Nondurable power of attorney
A nondurable power of attorney is terminated when the principal becomes incapacitated. For powers of attorney in Connecticut, incapacity means the principal cannot manage their own affairs because the principal:
- Has a mental, emotional, or physical condition that prevents them from understanding information, making decisions, or communicating decisions
- Is missing
- Is detained, including being in prison
- Is outside the United States and unable to return
If you want to create a nondurable power of attorney, it must state that it is terminated by your incapacity.
Springing power of attorney
In Connecticut, a power of attorney is effective when it is signed and witnessed unless it states that is effective at a future date or when a future event occurs. If you create a power of attorney that is effective later, you will have a springing power of attorney.
People often use incapacity as the future event but doing so can cause problems for your agent. It can take a long time to determine incapacity, and your agent will not be able to act until it is clear you are incapacitated. Your agent also might have trouble convincing banks and other businesses that you are incapacitated.
Limited or special power of attorney
As its name suggests, a limited power of attorney gives an agent limited authority. You can limit your agent to a specific act or specific types of transaction. People often give limited powers of attorney to financial advisers to manage investments and accountants to file taxes. You could also give someone the authority to handle one transaction, such as selling your home or car.
In most cases, an attorney is not necessary for making a power of attorney. If you have an easy-to-use form like the forms we offer, you should be fine creating your own power of attorney.
FindLaw is not a law firm, and the forms are not a substitute for the advice or services of an attorney. If you have concerns about who should be your agent, how much power they should have, or you are uncomfortable filling out a form, you can speak with an attorney licensed in Connecticut.
You can revoke a power of attorney with a signed revocation and have two witnesses and a notary public sign it. Give a copy of the signed revocation to your agent, your bank and financial institutions, and any businesses your agent dealt with on your behalf.
A person or business can reject your power of attorney if they would not be required to do business with you or if they have a good faith belief that your power of attorney is invalid or terminated.
If your agent presents your power of attorney to another person, they can ask your agent to provide the following documents:
- A certification regarding any fact about you, your agent, or the power of attorney
- An English translation if your power of attorney is in another language
- A lawyer’s opinion about any legal issue related to your power of attorney
If someone requests the above documents and your agent fails to provide them, they can reject the power of attorney.
If a person or business rejects your power of attorney without a valid reason, a court can order them to accept the power of attorney and to pay attorney’s fees and costs.
You can help your elderly parent by finding a good form like the power of attorney forms we offer. Before you start filling out a form with your parent, talk to them about their wishes and make sure they understand what a power of attorney is.
If your parent is confused or does not understand what these documents are, you should get legal advice from a Connecticut licensed attorney. If your parent is not competent and signs a form power of attorney, the document will be invalid under Connecticut law.
Lawyers in Connecticut can charge a wide range of prices for powers of attorney and advance directives. Many will charge per document, but some may charge per hour worked. Some attorneys also may include a power of attorney and advance directive as part of an estate planning package that includes a will and trust.
Using a form can be a more affordable option, but you should make sure your forms comply with Connecticut law. We offer these easy-to-use forms that are specific to Connecticut law.
FindLaw is not a law firm, and the forms are not a substitute for the advice or services of an attorney. After you complete a form, you can also ask an attorney to review it if you have questions. Attorneys who are willing to review a form usually will charge less than they would to create a form.
You may want to speak with a lawyer if:
- You don’t know who to choose as your agent
- You want to use a POA for Medicaid planning
- You want to discuss which powers you should give your agent
- You want legal review of your completed power of attorney