Bill Text: CT SB01005 | 2015 | General Assembly | Comm Sub
Bill Title: An Act Protecting Elderly Consumers From Exploitation.
Spectrum: Committee Bill
Status: (Passed) 2015-07-07 - Signed by the Governor [SB01005 Detail]
Download: Connecticut-2015-SB01005-Comm_Sub.html
General Assembly |
||
January Session, 2015 |
*_____SB01005JUD___050515____* |
AN ACT PROTECTING ELDERLY CONSUMERS FROM EXPLOITATION AND ADOPTING THE CONNECTICUT UNIFORM POWER OF ATTORNEY ACT.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 17b-450 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
For purposes of this section and sections [17b-450] 17b-451 to 17b-461, inclusive, as amended by this act, and sections 5 and 8 of this act:
[(1) The term "elderly person" means any resident of Connecticut who is sixty years of age or older.]
(1) "Abandonment" means the desertion or wilful forsaking of an elderly person by a caretaker or the foregoing of duties or the withdrawal or neglect of duties and obligations owed an elderly person by a caretaker or other person.
(2) "Abuse" includes, but is not limited to, the wilful infliction of physical pain, injury or mental anguish, or the wilful deprivation by a caretaker of services that are necessary to maintain physical and mental health.
(3) "Caretaker" means a person who has the responsibility for the care of an elderly person as a result of a family relationship or who has assumed the responsibility for the care of the elderly person voluntarily, by contract or by order of a court of competent jurisdiction.
(4) "Elderly person" means any person who is sixty years of age or older.
(5) "Exploitation" means the knowing use, control or possession of funds, assets or property of an elderly person or the attempt to use, control or possess such funds, assets or property, with the intent to temporarily or permanently deprive such elderly person of the use, benefit or possession of such funds, assets or property by a person who stands in a position of trust and confidence with such elderly person. "Exploitation" may include, but is not limited to:
(A) A breach of a fiduciary relationship, such as the misuse of a power of attorney or the abuse of a guardianship or conservatorship;
(B) Unauthorized taking of personal assets; or
(C) Misappropriation, misuse or transfer of moneys belonging to an elderly person from a personal or joint account.
(6) "Person who stands in a position of trust and confidence" means a person who (A) knows or should know that an elderly person lacks the capacity to consent, or (B) by nature of such person's relationship with such elderly person, deceives such elderly person into consenting to the exploitation of such elderly person's funds, assets or property with the intent to temporarily or permanently deprive such elderly person of the use, benefit or possession of such funds, assets or property for the benefit of a person other than such elderly person.
(7) "Financial agent" means an officer or employee of a financial institution, as defined in section 32-350, who:
(A) Has direct contact with an elderly person within the officer's or employee's scope of employment or professional practice and observes or has knowledge of an incident the officer or employee believes in good faith appears to be exploitation; or
(B) Reviews or approves an elderly person's financial documents, records or transactions and has a reasonable suspicion based on a pattern of withdrawals, transfers or other activity that exploitation has occurred or may be occurring, based solely on the information present at the time of reviewing or approving the document, record or transaction.
(8) "Neglect" means a caretaker's failure to provide services that are necessary to maintain an elderly person's physical or mental health or self-neglect by an elderly person who is not able to provide for himself or herself the services that are necessary to maintain physical and mental health.
[(2) An elderly person shall be deemed to be "in need of protective services" if such person is]
(9) "Person in need of protective services" means a person who is the suspected victim of abuse, neglect, exploitation or abandonment or is unable to perform or obtain services [which] that are necessary to maintain physical and mental health.
[(3) The term "services which are necessary to maintain physical and mental health" includes, but is]
(10) "Services that are necessary to maintain physical and mental health" include, but are not limited to, the provision of medical care for physical and mental health needs, the relocation of an elderly person to a facility or institution able to offer such care, assistance in personal hygiene, food, clothing, adequately heated and ventilated shelter, protection from health and safety hazards, protection from maltreatment the result of which includes, but is not limited to, malnutrition, deprivation of necessities or physical punishment, and transportation necessary to secure any of the above stated needs, except that this term shall not include taking such person into custody without consent except as provided in sections 17b-450 to 17b-461, inclusive, as amended by this act.
[(4) The term "protective services" means services provided by the state or other governmental or private organizations or individuals which are necessary to prevent abuse, neglect, exploitation or abandonment. Abuse includes, but is not limited to, the wilful infliction of physical pain, injury or mental anguish, or the wilful deprivation by a caretaker of services which are necessary to maintain physical and mental health. Neglect refers to an elderly person who is either living alone and not able to provide for himself or herself the services which are necessary to maintain physical and mental health or is not receiving such necessary services from the responsible caretaker. Exploitation refers to the act or process of taking advantage of an elderly person by another person or caretaker whether for monetary, personal or other benefit, gain or profit. Abandonment refers to the desertion or wilful forsaking of an elderly person by a caretaker or the foregoing of duties or the withdrawal or neglect of duties and obligations owed an elderly person by a caretaker or other person.
(5) The term "caretaker" means a person who has the responsibility for the care of an elderly person as a result of family relationship or who has assumed the responsibility for the care of the elderly voluntarily, by contract or by order of a court of competent jurisdiction.]
(11) "Protective services" means services provided by the state or other governmental or private organizations or individuals that are necessary to prevent abuse, neglect, exploitation or abandonment.
Sec. 2. Subsection (a) of section 17b-451 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) [Any physician] For purposes of this subsection, "mandated reporter" means a: (1) Physician or surgeon licensed under the provisions of chapter 370; [, any] (2) resident physician or intern in any hospital in this state, whether or not so licensed; [, any] (3) registered nurse; [, any] (4) nursing home administrator, nurse's aide or orderly in a nursing home facility or residential care home; [, any] (5) financial agent, as defined in section 17b-450, as amended by this act; (6) person paid for caring for a patient in a nursing home facility or residential care home; [, any] (7) staff person employed by a nursing home facility or residential care home; [, any] (8) professional patients' advocate, [any] provided no representative of the Office of the State Long-Term Care Ombudsman shall be considered a professional patients' advocate for purposes of this section; (9) licensed practical nurse; [,] (10) medical examiner; [,] (11) dentist; [,] (12) optometrist; [,] (13) chiropractor; [,] (14) podiatrist; [,] (15) social worker; [,] (16) clergyman; [,] (17) police officer; [,] (18) pharmacist; [,] (19) psychologist; [or] (20) physical therapist; [,] (21) person licensed or certified as an emergency medical services provider pursuant to chapter 368d or chapter 384d, including any such emergency medical services provider who is a member of a municipal fire department; and [any] (22) person paid for caring for an elderly person by any institution, organization, agency or facility, [. Such persons shall include] including, but not limited to, an employee of a (A) community-based services provider, (B) senior center, (C) home care agency, (D) homemaker and companion agency, (E) adult day care center, (F) village-model community, and (G) congregate housing facility. [,] Any mandated reporter who has reasonable cause to suspect or believe that any elderly person has been abused, neglected, exploited or abandoned, or is in a condition that is the result of such abuse, neglect, exploitation or abandonment, or is in need of protective services, shall [, not later than seventy-two hours after such suspicion or belief arose,] report such information, or cause a report to be made in any reasonable manner, not later than seventy-two hours after such suspicion or belief arose to the Commissioner of Social Services or to the person or persons designated by the commissioner to receive such reports. Any [person required to report under the provisions of this section] mandated reporter who fails to make such report within the prescribed time period shall be fined not more than five hundred dollars, except that, if such [person] mandated reporter intentionally fails to make such report within the prescribed time period, such person shall be guilty of a class C misdemeanor for the first offense and a class A misdemeanor for any subsequent offense. Any institution, organization, agency or facility employing mandated reporters or other individuals to care for persons sixty years of age or older shall provide mandatory training on detecting potential abuse, [and] neglect, exploitation or abandonment of such persons and inform such employees of their obligations under this section.
Sec. 3. Section 53a-119 of the general statutes is amended by adding subdivision (19) as follows (Effective October 1, 2015):
(NEW) (19) Exploitation. A person commits exploitation when such person stands in a position of trust and confidence with an elderly person and knowingly uses, controls or possesses such elderly person's funds, assets or property, or attempts to use, control or possess such funds, assets or property, with the intent to temporarily or permanently deprive such elderly person of the use, benefit or possession of such funds, assets or property.
Sec. 4. Subsection (a) of section 53a-123 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) A person is guilty of larceny in the second degree when he commits larceny, as defined in section 53a-119, as amended by this act, and: (1) The property consists of a motor vehicle, the value of which exceeds ten thousand dollars; [,] (2) the value of the property or service exceeds ten thousand dollars; [,] (3) the property, regardless of its nature or value, is taken from the person of another; [,] (4) the property is obtained by defrauding a public community, and the value of such property is two thousand dollars or less; [,] (5) the property, regardless of its nature or value, is obtained by embezzlement, exploitation, as defined in section 53a-119, as amended by this act, false pretenses or false promise and the victim of such larceny is sixty years of age or older or is blind or physically disabled, as defined in section 1-1f; [,] or (6) the property, regardless of its value, consists of wire, cable or other equipment used in the provision of telecommunications service and the taking of such property causes an interruption in the provision of emergency telecommunications service.
Sec. 5. (NEW) (Effective October 1, 2015) (a) An elderly person who has been abused, neglected or exploited, as such terms are defined in section 17b-450 of the general statutes, as amended by this act, may have a cause of action against any perpetrator and may recover actual and punitive damages for such abuse, neglect or exploitation together with costs and a reasonable attorney's fee. The action may be brought by the elderly person, or the elderly person's guardian or conservator, by a person or organization acting on behalf of the elderly person with the consent of such elderly person or the elderly person's guardian or conservator or by the personal representative of the estate of a deceased elderly victim without regard to whether the cause of death resulted from the abuse, neglect or exploitation.
(b) An elderly person age sixty-five and older who brings a civil action under this section may move the court to advance the trial on the docket pursuant to section 52-192 of the general statutes. The presiding judge, after consideration of the age and health of the party, may advance the trial on the docket.
Sec. 6. (NEW) (Effective October 1, 2015) At any time in any prosecution for larceny by exploitation, as defined in section 53a-119 of the general statutes, as amended by this act, the Superior Court shall have jurisdiction to render an order prohibiting the defendant from transferring, depleting or otherwise alienating or diminishing any funds, assets or property which there is probable cause to believe is being used or is about to be used in any way that would constitute exploitation. The burden of proof shall be by a preponderance of the evidence and shall be on the state. A copy of the order shall be served upon the defendant. At any time not later than thirty days after service of the order, the defendant or any person claiming an interest in the funds, assets or property may file a motion to release the funds, assets or property. The court shall hold a hearing on the motion not later than ten days after the motion is filed. If the prosecution of the charge is dismissed, nolled or results in acquittal, the court shall vacate the order.
Sec. 7. (NEW) (Effective October 1, 2015) (a) (1) A person finally adjudged guilty, either as the principal or accessory, of the crime of larceny by exploitation, as defined in section 53a-119 of the general statutes, as amended by this act, shall not inherit or receive any part of the estate of the victim, whether under the provisions of any act relating to intestate succession, or as devisee or legatee, or otherwise under the will of the deceased, or receive any property as beneficiary or survivor of the deceased. For the purposes of this subdivision, an interested person may bring an action in the Superior Court for a determination, by a preponderance of the evidence, that an heir, devisee, legatee or beneficiary of the deceased who has predeceased the interested person would have been adjudged guilty, either as the principal or accessory, of exploitation had the heir, devisee, legatee or beneficiary survived.
(2) With respect to inheritance under the will of the deceased, or rights to property as heir, devisee, legatee or beneficiary of the deceased, the person whose participation in the estate of another or whose right to property as such heir, devisee, legatee or beneficiary is so prevented under the provisions of this section shall be considered to have predeceased the deceased victim.
(3) With respect to property owned in joint tenancy with rights of survivorship with the deceased, such final adjudication as guilty shall be a severance of the joint tenancy, and shall convert the joint tenancy into a tenancy in common as to the person so adjudged and the deceased but not as to any remaining joint tenant or tenants, such severance being effective as of the time such adjudication of guilty becomes final. When such jointly owned property is real property, a certified copy of the final adjudication as guilty shall be recorded by the fiduciary of the deceased's estate, or may be recorded by any other interested party in the land records of the town where such real property is situated.
(b) (1) A named beneficiary of a life insurance policy or annuity who is adjudged guilty of larceny by exploitation against the holder of such policy or annuity is not entitled to any benefit under the policy or annuity, and the policy or annuity becomes payable as though such beneficiary had predeceased the decedent.
(2) (A) A conviction of larceny by exploitation shall be conclusive for the purposes of this subsection.
(B) For the purposes of this subsection, an interested person may bring an action in the Superior Court for a determination, by a preponderance of the evidence, that a named beneficiary who has predeceased the interested person would have been found guilty of larceny by exploitation had the named beneficiary survived.
(C) In the absence of such a conviction or determination, the Superior Court may determine by the common law, including equity, whether the named beneficiary is entitled to any benefit under the policy or annuity.
(D) In any proceeding brought under this subsection, the burden of proof shall be upon the person challenging the eligibility of the named beneficiary for benefits under a life insurance policy or annuity.
(3) Any insurance company making payment according to the terms of its policy or annuity is not liable for any additional payment by reason of this section unless it has received at its home office or principal address written notice of a claim under this section prior to such payment.
Sec. 8. (Effective October 1, 2015) (a) The Commission on Aging, in consultation with the Connecticut Elder Justice Coalition Coordinating Council, the Department of Social Services, the Department on Aging, the Office of the Long-Term Care Ombudsman and the Chief State's Attorney, shall conduct a study concerning best practices for reporting and identification of the abuse, neglect, exploitation and abandonment of elderly persons. The study shall review: (1) Models nationwide for reporting of such abuse, neglect, exploitation or abandonment, (2) standardized definitions, measurements and uniform reporting mechanisms to accurately capture the nature and scope of such abuse, neglect, exploitation or abandonment in the state, and (3) methods to promote and coordinate communication about such reporting among local and state governmental entities, including law enforcement.
(b) Not later than January 1, 2016, the Commission on Aging shall submit a report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to aging on the results of the study conducted pursuant to subsection (a) of this section.
Sec. 9. (NEW) (Effective October 1, 2015) Sections 9 to 53, inclusive, of this act may be cited as the "Connecticut Uniform Power of Attorney Act."
Sec. 10. (NEW) (Effective October 1, 2015) As used in sections 9 to 53, inclusive, of this act:
(1) "Agent" means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney in fact, or otherwise. Agent includes an original agent, coagent, successor agent and a person to which an agent's authority is delegated.
(2) "Durable" means, with respect to a power of attorney, not terminated by the principal's incapacity.
(3) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
(4) "Good faith" means honesty in fact.
(5) "Incapacity" means inability of an individual, even with appropriate assistance, to perform the functions inherent in managing his or her affairs because the individual:
(A) Has a mental, emotional or physical condition that results in the individual being unable to receive and evaluate information or make or communicate decisions; or
(B) Is:
(i) Missing;
(ii) Detained, including incarcerated in a penal system; or
(iii) Outside the United States and unable to return.
(6) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality or any other legal or commercial entity.
(7) "Power of attorney" means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.
(8) "Presently exercisable general power of appointment" means, with respect to property or a property interest subject to a power of appointment, power exercisable at the time in question to vest absolute ownership in the principal individually, the principal's estate, the principal's creditors or the creditors of the principal's estate. The term includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard, or the passage of the specified period. The term does not include a power exercisable in a fiduciary capacity or only by will.
(9) "Principal" means an individual who grants authority to an agent in a power of attorney.
(10) "Property" means anything that may be the subject of ownership, whether real or personal, or legal or equitable, or any interest or right therein.
(11) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(12) "Sign" means, with present intent to authenticate or adopt a record to:
(A) Execute or adopt a tangible symbol; or
(B) Attach to or logically associate with the record an electronic sound, symbol or process.
(13) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
(14) "Stocks and bonds" means stocks, bonds, mutual funds, and all other types of securities and financial instruments, whether held directly, indirectly or in any other manner. Stocks and bonds does not include commodity futures contracts and call or put options on stocks or stock indexes.
Sec. 11. (NEW) (Effective October 1, 2015) The provisions of sections 9 to 53, inclusive, of this act apply to all powers of attorney except:
(1) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;
(2) A power to make health care decisions;
(3) A proxy or other delegation to exercise voting rights or management rights with respect to an entity; and
(4) A power created on a form prescribed by a government or governmental subdivision, agency or instrumentality for a governmental purpose.
Sec. 12. (NEW) (Effective October 1, 2015) A power of attorney created under sections 9 to 53, inclusive, of this act is durable unless it expressly provides that it is terminated by the incapacity of the principal.
Sec. 13. (NEW) (Effective October 1, 2015) A power of attorney must be dated and signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney and witnessed by two witnesses. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.
Sec. 14. (NEW) (Effective October 1, 2015) (a) A power of attorney executed in this state on or after October 1, 2015, is valid if its execution complies with section 13 of this act.
(b) A power of attorney executed in this state before October 1, 2015, is valid if its execution complied with the law of this state as it existed at the time of execution.
(c) A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:
(1) The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to section 15 of this act; or
(2) The requirements for a military power of attorney pursuant to 10 USC 1044b, as amended from time to time.
(d) Except as otherwise provided by statute, other than sections 9 to 53, inclusive, of this act, or unless the power of attorney otherwise provides, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
Sec. 15. (NEW) (Effective October 1, 2015) The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
Sec. 16. (NEW) (Effective October 1, 2015) (a) In a power of attorney, a principal may nominate a conservator of the principal's estate or conservator of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. The court shall make its appointment in accordance with the principal's most recent nomination unless the court finds that the appointee, designee or nominee is unwilling or unable to serve or there is substantial evidence to disqualify such person.
(b) If, after a principal executes a power of attorney, a court appoints a conservator of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, the power of attorney is suspended unless the power of attorney provides otherwise or unless the court appointing the conservator decides the power of attorney should continue. If the power of attorney continues, the agent is accountable to the fiduciary as well as to the principal. If the power of attorney is suspended pursuant to this subsection, then the power of attorney shall be reinstated upon termination of the conservatorship as a result of the principal regaining capacity. The court shall have the authority to continue certain provisions of the power of attorney, but not others.
Sec. 17. (NEW) (Effective October 1, 2015) (a) A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.
(b) If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.
(c) If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:
(1) Two independent physicians that the principal is incapacitated within the meaning set forth in subparagraph (A) of subdivision (5) of section 10 of this act; or
(2) A judge or an appropriate governmental official that the principal is incapacitated within the meaning set forth in subparagraph (B) of subdivision (5) of section 10 of this act.
(d) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may 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, to obtain access to the principal's health care information and communicate with the principal's health care provider.
(e) If the principal, in the power of attorney, authorizes one or more persons to determine in a written affidavit that the event or contingency has occurred, as provided in subsection (b) of this section, then the written affidavit may be in substantially the following form:
AFFIDAVIT THAT POWER OF ATTORNEY IS IN FULL FORCE AND EFFECT
STATE OF )
) SS:
COUNTY OF )
I, .... of ...., being duly sworn, depose and say:
THAT ...., of ...., as principal, did on ...., 20.., appoint me in a power of attorney dated ...., 20.., to execute an affidavit that a specified contingency had occurred;
THAT specified contingency was: ....
THAT specified contingency has occurred.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
.... L.S.
....
Witness
....
Witness
Subscribed and sworn to before me this .... day of ...., 20...
....
Commissioner of the Superior Court
Notary Public
My commission expires: ....
Sec. 18. (NEW) (Effective October 1, 2015) (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 16 of this act.
(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 16 of this act;
(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 10 of this act, by:
(i) A judge in a court proceeding;
(ii) Two independent physicians; or
(iii) A successor agent, designated in accordance with section 19 of this act, if a written opinion of a physician cannot be obtained either due to the refusal of an agent to be examined by a physician 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 10 of this act, a judge or an appropriate governmental official;
(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.
Sec. 19. (NEW) (Effective October 1, 2015) (a) A principal may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides, each coagent may exercise its authority independently. A person that in good faith accepts an acknowledged power of attorney from one or more coagents without actual knowledge that the power of attorney is void, invalid or terminated, that the purported agent's authority is void, invalid or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent's authority were genuine, valid and still in effect, and the agent had not exceeded and had properly exercised the authority.
(b) A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office or function. Unless the power of attorney otherwise provides, a successor agent:
(1) Has the same authority as that granted to the original agent; and
(2) May not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve or have declined to serve.
(c) Except as otherwise provided in the power of attorney and subsection (d) of this section, an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.
(d) Except as otherwise provided in the power of attorney, an agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.
Sec. 20. (NEW) (Effective October 1, 2015) Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances.
Sec. 21. (NEW) (Effective October 1, 2015) Unless the power of attorney otherwise provides, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.
Sec. 22. (NEW) (Effective October 1, 2015) (a) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall:
(1) Act in accordance with the principal's reasonable expectations, and, if such expectations are unknown, make reasonable efforts to ascertain the principal's expectations and act, otherwise, in the principal's best interest;
(2) Act in good faith; and
(3) Act only within the scope of authority granted in the power of attorney.
(b) Unless the power of attorney otherwise provides, an agent that has accepted appointment shall:
(1) Act loyally for the principal's benefit;
(2) Act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest;
(3) Act with the care, competence and diligence ordinarily exercised by agents in similar circumstances;
(4) Keep a record of all receipts, disbursements and transactions made on behalf of the principal;
(5) Cooperate with a person that has authority to make health care decisions for the principal to carry out the principal's reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal's best interest; and
(6) Attempt to preserve the principal's estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal's best interest based on all relevant factors, including:
(A) The value and nature of the principal's property;
(B) The principal's foreseeable obligations and need for maintenance;
(C) Minimization of taxes, including income, estate, inheritance, generation skipping transfer and gift taxes; and
(D) Eligibility for a benefit, a program or assistance under a federal or state statute or regulation.
(c) An agent that acts in good faith is not liable to any beneficiary of the principal's estate plan for failure to preserve the plan.
(d) An agent that acts with care, competence and diligence for the best interest of the principal is not liable solely because the agent also benefits from the act or has an individual or conflicting interest in relation to the property or affairs of the principal.
(e) If an agent is selected by the principal because of special skills or expertise possessed by the agent or in reliance on the agent's representation that the agent has special skills or expertise, the special skills or expertise must be considered in determining whether the agent has acted with care, competence and diligence under the circumstances.
(f) Absent a breach of duty to the principal, an agent is not liable if the value of the principal's property declines.
(g) An agent that exercises authority to delegate to another person the authority granted by the principal or that engages another person on behalf of the principal is not liable for an act, error of judgment or default of that person if the agent exercises care, competence and diligence in selecting and monitoring the person.
(h) Unless the power of attorney otherwise provides, an agent is not required to disclose receipts, disbursements or transactions conducted on behalf of the principal unless ordered by a court or requested by the principal, a guardian, a conservator, another fiduciary acting for the principal, a representative of the Division of Protective Services for the Elderly within the Department of Social Services having authority to protect the welfare of the principal or, upon the death of the principal, by the personal representative or successor in interest of the principal's estate. If so requested, the agent shall comply with the request not later than thirty days after the date of such request or provide a writing or other record substantiating why additional time is needed, in which case, the agent shall comply with the request not later than thirty days after the date of providing such writing or record.
Sec. 23. (NEW) (Effective October 1, 2015) A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision:
(1) Relieves the agent of liability for breach of duty committed dishonestly, with an improper motive or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or
(2) Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
Sec. 24. (NEW) (Effective October 1, 2015) (a) The following persons may petition a court in accordance with subsection (d) of section 45a-175 of the general statutes, as amended by this act, to construe a power of attorney or review the agent's conduct, and grant appropriate relief:
(1) The principal or the agent;
(2) A guardian, conservator or other fiduciary acting for the principal;
(3) A person authorized to make health care decisions for the principal;
(4) The principal's spouse, parent or descendant;
(5) An individual who would qualify as a presumptive heir of the principal;
(6) A person named as a beneficiary to receive any property, benefit or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;
(7) A representative of the Division of Protective Services for the Elderly with the Department of Social Services having regulatory authority to protect the welfare of the principal;
(8) The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and
(9) A person asked to accept the power of attorney.
(b) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal is incapacitated within the meaning set forth in subdivision (5) of section 10 of this act.
Sec. 25. (NEW) (Effective October 1, 2015) An agent that violates sections 9 to 53, inclusive, of this act is liable to the principal or the principal's successors in interest for the amount required to:
(1) Restore the value of the principal's property to what it would have been had the violation not occurred; and
(2) Reimburse the principal or the principal's successors in interest for the reasonable attorney's fees and costs paid on the agent's behalf.
Sec. 26. (NEW) (Effective October 1, 2015) Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated:
(1) To the conservator of the estate, the conservator of the person and guardian, if one has been appointed for the principal, and a coagent or successor agent; or
(2) If there is no person described in subdivision (1) of this section, to:
(A) The principal's spouse and children, if any, or a person reasonably believed by the agent to have sufficient interest in the principal's welfare; or
(B) A representative of the Division of Protective Services for the Elderly within the Department of Social Services having authority to protect the welfare of the principal.
Sec. 27. (NEW) (Effective October 1, 2015) (a) For purposes of this section and section 28 of this act, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgements.
(b) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under section 13 of this act that the signature is genuine.
(c) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent's authority were genuine, valid and still in effect, and the agent had not exceeded and had properly exercised the authority.
(d) A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation:
(1) An agent's certification under penalty of perjury of any factual matter concerning the principal, agent or power of attorney;
(2) An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and
(3) An opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.
(e) An English translation or an opinion of counsel requested under this section must be provided at the principal's expense unless the request is made more than seven business days after the power of attorney is presented for acceptance.
(f) For purposes of this section and section 28 of this act, a person that conducts activities through an employee is without actual knowledge of a fact relating to: (1) A power of attorney, (2) a principal, or (3) an agent if the employee conducting the activity involving such power of attorney, principal or agent is without actual knowledge of the fact.
Sec. 28. (NEW) (Effective October 1, 2015) (a) Except as provided in subsection (b) of this section:
(1) A person shall either accept an acknowledged power of attorney or request a certification a translation, or an opinion of counsel under subsection (d) of section 27 of this act not later than seven business days after presentation of the power of attorney for acceptance;
(2) If a person requests a certification, a translation, or an opinion of counsel under subsection (d) of section 27 of this act, the person shall accept the power of attorney not later than five business days after receipt of the certification, translation, or opinion of counsel; and
(3) A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.
(b) A person is not required to accept an acknowledged power of attorney if:
(1) The principal is not otherwise eligible or is not otherwise qualified to enter the transaction with the person;
(2) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with state or federal law;
(3) The person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;
(4) A request for a certification, a translation, or an opinion of counsel under subsection (d) of section 27 of this act is refused;
(5) The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under subsection (d) of section 27 of this act has been requested or provided; or
(6) The person makes, or has actual knowledge that another person has made, a report to the Bureau of Aging, Community and Social Work Services Division of the Department of Social Services stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation or abandonment by the agent or a person acting for or with the agent.
(c) A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to an order by a probate court or by a court of general jurisdiction mandating acceptance of the power of attorney. The court may award reasonable attorney's fees and costs incurred to the prevailing party in such action.
Sec. 29. (NEW) (Effective October 1, 2015) Unless displaced by a provision of sections 9 to 53, inclusive, of this act, the principles of law and equity supplement the provisions of sections 9 to 53, inclusive, of this act.
Sec. 30. (NEW) (Effective October 1, 2015) The provisions of sections 9 to 53, inclusive, of this act do not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with the provisions of sections 9 to 53, inclusive, of this act.
Sec. 31. (NEW) (Effective October 1, 2015) The remedies under sections 9 to 53, inclusive, of this act are not exclusive and do not abrogate any right or remedy under the law of this state, other than sections 9 to 53, inclusive, of this act.
Sec. 32. (NEW) (Effective October 1, 2015) (a) An agent under a power of attorney may perform the activities listed in this subsection on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority to perform such activities and exercise of the authority to perform such activities is not otherwise prohibited by another agreement or instrument to which the authority or property is subject such as a trust agreement:
(1) Create, amend, revoke, or terminate an inter vivos trust;
(2) Make a gift;
(3) Create or change rights of survivorship;
(4) Create or change a beneficiary designation;
(5) Delegate authority granted under the power of attorney;
(6) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan;
(7) Exercise fiduciary powers that the principal has authority to delegate; or
(8) Disclaim property, including a power of appointment.
(b) Notwithstanding a grant of authority to perform an act described in subsection (a) of this section, unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse or descendant of the principal may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer or otherwise.
(c) Subject to the provisions set forth in subsections (a), (b), (d) and (e) of this section, if a power of attorney grants to an agent authority to perform all acts that a principal could perform, the agent has the general authority described in sections 35 to 47, inclusive, of this act.
(d) Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to section 48 of this act.
(e) Subject to the provisions set forth in subsections (a), (b) and (d) of this section, if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.
(f) Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state.
(g) An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal had performed the act.
Sec. 33. (NEW) (Effective October 1, 2015) (a) An agent has authority described in sections 32 to 48, inclusive, of this act if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in sections 35 to 48, inclusive, of this act or cites the section in which the authority is described.
(b) A reference in a power of attorney to general authority with respect to the descriptive term for a subject in sections 35 to 48, inclusive, of this act or a citation to a section of sections 35 to 48, inclusive, of this act incorporates the entire section as if it were set out in full in the power of attorney.
(c) A principal may modify authority incorporated by reference.
Sec. 34. (NEW) (Effective October 1, 2015) Unless the power of attorney otherwise provides, by executing a power of attorney that incorporates by reference a subject described in sections 35 to 48, inclusive, of this act or that grants to an agent authority to perform all acts that a principal could perform pursuant to subsection (c) of section 32 of this act, a principal authorizes the agent, with respect to that subject, to:
(1) Demand, receive, and obtain by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse or use anything so received or obtained for the purposes intended;
(2) Contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release or modify the contract or another contract made by or on behalf of the principal;
(3) Execute, acknowledge, seal, deliver, file or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal's property and attaching it to the power of attorney;
(4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;
(5) Seek on the principal's behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney;
(6) Engage, compensate and discharge an attorney, accountant, discretionary investment manager, expert witness or other advisor;
(7) Prepare, execute and file a record, report or other document to safeguard or promote the principal's interest under a federal or state statute or regulation;
(8) Communicate with any representative or employee of a government or governmental subdivision, agency or instrumentality, on behalf of the principal;
(9) Access communications intended for, and communicate on behalf of, the principal, whether by mail, electronic transmission, telephone or other means; and
(10) Do any lawful act with respect to the subject and all property related to the subject.
Sec. 35. (NEW) (Effective October 1, 2015) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to:
(1) Demand, buy, lease, receive, accept as a gift or as security for an extension of credit or otherwise acquire or reject an interest in real property or a right incident to real property;
(2) Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; subject to an easement or covenant; subdivide; apply for zoning or other governmental permits; plat or consent to platting; develop; grant an option concerning; lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise grant or dispose of an interest in real property or a right incident to real property;
(3) Pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(4) Release, assign, satisfy or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien or other claim to real property which exists or is asserted;
(5) Manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including:
(A) Insuring against liability or casualty or other loss;
(B) Obtaining or regaining possession of or protecting the interest or right by litigation or otherwise;
(C) Paying, assessing, compromising or contesting taxes or assessments or applying for and receiving refunds in connection with such taxes or assessments; and
(D) Purchasing supplies, hiring assistance or labor and making repairs or alterations to the real property;
(6) Use, develop, alter, replace, remove, erect or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right;
(7) Participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, and hold and act with respect to stocks and bonds or other property received in a plan of reorganization, including:
(A) Selling or otherwise disposing of such stocks, bonds or other property;
(B) Exercising or selling an option, right of conversion or similar right with respect to such stocks, bonds or other property; and
(C) Exercising any voting rights in person or by proxy;
(8) Change the form of title of an interest in or right incident to real property; and
(9) Dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest.
Sec. 36. (NEW) (Effective October 1, 2015) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to:
(1) Demand, buy, receive, accept as a gift or as security for an extension of credit or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property;
(2) Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or otherwise dispose of tangible personal property or an interest in tangible personal property;
(3) Grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(4) Release, assign, satisfy or enforce by litigation or otherwise, a security interest, lien or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property;
(5) Manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including:
(A) Insuring against liability or casualty or other loss;
(B) Obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise;
(C) Paying, assessing, compromising or contesting taxes or assessments or applying for and receiving refunds in connection with such taxes or assessments;
(D) Moving the property from place to place;
(E) Storing the property for hire or on a gratuitous bailment;
(F) Using and making repairs, alterations or improvements to the property; and
(6) Change the form of title of an interest in tangible personal property.
Sec. 37. (NEW) (Effective October 1, 2015) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to:
(1) Buy, sell and exchange stocks and bonds;
(2) Establish, continue, modify or terminate an account with respect to stocks and bonds;
(3) Pledge stocks and bonds as security to borrow, pay, renew or extend the time of payment of a debt of the principal;
(4) Receive certificates and other evidences of ownership with respect to stocks and bonds; and
(5) Exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts and consent to limitations on the right to vote.
Sec. 38. (NEW) (Effective October 1, 2015) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to:
(1) Buy, sell, exchange, assign, settle and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and
(2) Establish, continue, modify and terminate option accounts.
Sec. 39. (NEW) (Effective October 1, 2015) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to:
(1) Continue, modify and terminate an account or other banking arrangement made by or on behalf of the principal;
(2) Establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm or other financial institution selected by the agent;
(3) Contract for services available from a financial institution, including renting a safe deposit box or space in a vault;
(4) Withdraw by: Check, order, electronic funds transfer or otherwise, money or property of the principal deposited with or left in the custody of a financial institution;
(5) Receive statements of account, vouchers, notices and similar documents from a financial institution and act with respect to them;
(6) Enter a safe deposit box or vault and withdraw or add to the contents;
(7) Borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;
(8) Make, assign, draw, endorse, discount, guarantee and negotiate promissory notes, checks, drafts and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal's order, transfer money, receive the cash or other proceeds of those transactions and accept a draft drawn by a person upon the principal and pay it when due;
(9) Receive for the principal and act upon a sight draft, warehouse receipt, or other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument;
(10) Apply for, receive and use letters of credit, credit and debit cards, electronic transaction authorizations and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and
(11) Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.
Sec. 40. (NEW) (Effective October 1, 2015) Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to operation of an entity or business authorizes the agent to:
(1) Operate, buy, sell, enlarge, reduce, or terminate an ownership interest;
(2) Perform a duty or discharge a liability and exercise in person or by proxy a right, power, privilege or option that the principal has, may have or claims to have;
(3) Enforce the terms of an ownership agreement;
(4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party because of an ownership interest;
(5) Exercise in person or by proxy, or enforce by litigation or otherwise, a right, power, privilege or option the principal has or claims to have as the holder of stocks and bonds;
(6) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party concerning stocks and bonds;
(7) With respect to an entity or business owned solely by the principal:
(A) Continue, modify, renegotiate, extend and terminate a contract made by or on behalf of the principal with respect to the entity or business before execution of the power of attorney;
(B) Determine:
(i) The location of its operation;
(ii) The nature and extent of its business;
(iii) The methods of manufacturing, selling, merchandising, financing, accounting and advertising employed in its operation;
(iv) The amount and types of insurance carried; and
(v) The mode of engaging, compensating and dealing with its employees and accountants, attorneys or other advisors;
(C) Change the name or form of organization under which the entity or business is operated and enter into an ownership agreement with other persons to take over all or part of the operation of the entity or business; and
(D) Demand and receive money due or claimed by the principal or on the principal's behalf in the operation of the entity or business and control and disburse the money in the operation of the entity or business;
(8) Put additional capital into an entity or business in which the principal has an interest;
(9) Join in a plan of reorganization, consolidation, conversion, domestication or merger of the entity or business;
(10) Sell or liquidate all or part of an entity or business;
(11) Establish the value of an entity or business under a buyout agreement to which the principal is a party;
(12) Prepare, sign, file and deliver reports, compilations of information, returns or other papers with respect to an entity or business and make related payments; and
(13) Pay, compromise or contest taxes, assessments, fines or penalties and perform any other act to protect the principal from illegal or unnecessary taxation, assessments, fines or penalties, with respect to an entity or business, including attempts to recover, in any manner permitted by law, money paid before or after the execution of the power of attorney.
Sec. 41. (NEW) (Effective October 1, 2015) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to:
(1) Continue, pay the premium or make a contribution on, modify, exchange, rescind, release or terminate a contract procured by or on behalf of the principal which insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract;
(2) Procure new, different and additional contracts of insurance and annuities for the principal and the principal's spouse, children and other dependents, and select the amount, type of insurance or annuity and mode of payment;
(3) Pay the premium or make a contribution on, modify, exchange, rescind, release or terminate a contract of insurance or annuity procured by the agent;
(4) Apply for and receive a loan secured by a contract of insurance or annuity;
(5) Surrender and receive the cash surrender value on a contract of insurance or annuity;
(6) Exercise an election;
(7) Exercise investment powers available under a contract of insurance or annuity;
(8) Change the manner of paying premiums on a contract of insurance or annuity;
(9) Change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section;
(10) Apply for and procure a benefit or assistance under a federal or state statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal;
(11) Collect, sell, assign, hypothecate, borrow against or pledge the interest of the principal in a contract of insurance or annuity;
(12) Select the form and timing of the payment of proceeds from a contract of insurance or annuity; and
(13) Pay, from proceeds or otherwise, compromise or contest and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.
Sec. 42. (NEW) (Effective October 1, 2015) (a) For purposes of this section, "estate, trust or other beneficial interest" means a trust, probate estate, guardianship, conservatorship, escrow or custodianship or a fund from which the principal is, may become or claims to be, entitled to a share or payment.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to estates, trusts and other beneficial interests authorizes the agent to:
(1) Accept, receive, receipt for, sell, assign, pledge or exchange a share in or payment from an estate, trust or other beneficial interest;
(2) Demand or obtain money or another thing of value to which the principal is, may become or claims to be, entitled by reason of an estate, trust or other beneficial interest, by litigation or otherwise;
(3) Exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal;
(4) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity or effect of a deed, will, declaration of trust or other instrument or transaction affecting the interest of the principal;
(5) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute or surcharge a fiduciary;
(6) Conserve, invest, disburse or use anything received for an authorized purpose; and
(7) Transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities and other property to the trustee of a revocable trust created by the principal as settlor.
Sec. 43. (NEW) (Effective October 1, 2015) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to:
(1) Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance or other relief;
(2) Bring an action to determine adverse claims or intervene or otherwise participate in litigation;
(3) Seek an attachment, garnishment, order of arrest or other preliminary, provisional or intermediate relief and use an available procedure to effect or satisfy a judgment, order or decree;
(4) Make or accept a tender, offer of judgment or admission of facts, submit a controversy on an agreed statement of facts, consent to examination and bind the principal in litigation;
(5) Submit to alternative dispute resolution, settle and propose or accept a compromise;
(6) Waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement or other instrument in connection with the prosecution, settlement or defense of a claim or litigation;
(7) Act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value;
(8) Pay a judgment, award or order against the principal or a settlement made in connection with a claim or litigation; and
(9) Receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
Sec. 44. (NEW) (Effective October 1, 2015) (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 individuals, whether living when the power of attorney is executed or later born:
(A) The principal's children;
(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 those individuals;
(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 them, 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; and
(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.
(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 9 to 53, inclusive, of this act.
Sec. 45. (NEW) (Effective October 1, 2015) (a) For purposes of this section, "benefits from governmental programs or civil or military service" means any benefit, program or assistance provided under a federal or state statute or regulation including Social Security, Medicare and Medicaid.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to:
(1) Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in subdivision (1) of subsection (a) of section 44 of this act, and for shipment of their household effects;
(2) Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate or other instrument for that purpose;
(3) Enroll in, apply for, select, reject, change, amend or discontinue, on the principal's behalf, a benefit or program;
(4) Prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a federal or state statute or regulation;
(5) Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a federal or state statute or regulation; and
(6) Receive the financial proceeds of a claim described in subdivision (4) of this subsection and conserve, invest, disburse or use for a lawful purpose anything so received.
Sec. 46. (NEW) (Effective October 1, 2015) (a) For purposes of this section, "retirement plan" means a plan or account created by an employer, the principal or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary or owner, including a plan or account under the following sections of the of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as amended from time to time:
(1) An individual retirement account under 26 USC 408, as amended from time to time;
(2) A Roth individual retirement account under 26 USC 408A, as amended from time to time;
(3) A deemed individual retirement account under 26 USC 408(q), as amended from time to time;
(4) An annuity or mutual fund custodial account under 26 USC 403(b), as amended from time to time;
(5) A pension, profit sharing, stock bonus or other retirement plan qualified under 26 USC 401(a), as amended from time to time;
(6) A plan under 26 USC 457(b), as amended from time to time; and
(7) A nonqualified deferred compensation plan under 26 USC 409A, as amended from time to time.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to:
(1) Select the form and timing of payments under a retirement plan and withdraw benefits from a plan;
(2) Make a rollover, including a direct trustee to trustee rollover, of benefits from one retirement plan to another;
(3) Establish a retirement plan in the principal's name;
(4) Make contributions to a retirement plan;
(5) Exercise investment powers available under a retirement plan; and
(6) Borrow from, sell assets to or purchase assets from a retirement plan.
Sec. 47. (NEW) (Effective October 1, 2015) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to:
(1) Prepare, sign and file federal, state, local and foreign income, gift, payroll, property, Federal Insurance Contributions Act and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters and any other tax related documents, including, receipts, offers, waivers, consents, including consents and agreements under 26 USC 2032A, as amended from time to time, closing agreements and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following twenty-five tax years;
(2) Pay taxes due, collect refunds, post bonds, receive confidential information and contest deficiencies determined by the Internal Revenue Service or other taxing authority;
(3) Exercise any election available to the principal under federal, state, local or foreign tax law; and
(4) Act for the principal in all tax matters for all periods before the Internal Revenue Service, or other taxing authority.
Sec. 48. (NEW) (Effective October 1, 2015) (a) For purposes of this section, a gift "for the benefit of" a person includes a gift to a trust, an account under the Uniform Transfers to Minors Act and a tuition savings account or prepaid tuition plan as defined under 26 USC 529, as amended from time to time.
(b) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to gifts authorizes the agent only to:
(1) Make outright to, or for the benefit of, a person, a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under 26 USC 2503(b), as amended from time to time, without regard to whether the federal gift tax exclusion applies to the gift, or if the principal's spouse agrees to consent to a split gift pursuant to 26 USC 2513, as amended from time to time, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and
(2) Consent, pursuant to 26 USC 2513, as amended from time to time, to the splitting of a gift made by the principal's spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.
(c) An agent may make a gift of the principal's property only as the agent determines is consistent with the principal's objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal's best interest based on all relevant factors, including:
(1) The value and nature of the principal's property;
(2) The principal's foreseeable obligations and need for maintenance;
(3) Minimization of taxes, including income, estate, inheritance, generation skipping transfer and gift taxes;
(4) Eligibility for a benefit, a program, or assistance under a federal or state statute or regulation; and
(5) The principal's personal history of making or joining in making gifts.
Sec. 49. (NEW) (Effective October 1, 2015) A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by sections 9 to 53, inclusive, of this act.
CONNECTICUT
STATUTORY FORM POWER OF ATTORNEY
IMPORTANT INFORMATION
This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Connecticut Uniform Power of Attorney Act.
This power of attorney does not authorize the agent to make health care decisions for you.
You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.
Your agent is entitled to reasonable compensation unless you state otherwise in the special instructions.
This form provides for designation of one agent. If you wish to name more than one agent you may name a coagent in the special instructions. Coagents are not required to act together unless you include that requirement in the special instructions.
If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.
This power of attorney becomes effective immediately unless you state otherwise in the special instructions.
If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
DESIGNATION OF AGENT
I____________________________________name the following person
(Name of Principal)
as my agent:
Name of Agent: _____________________________________________
Agent's Address: ____________________________________________
DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
If my agent is unable or unwilling to act for me, I name as my successor agent:
Name of Successor Agent:_____________________________________
Successor Agent's Address:___________________________________
If my successor agent is unable or unwilling to act for me, I name as my second successor agent:
Name of Second Successor Agent:______________________________
Second Successor Agent's Address:_____________________________
GRANT OF GENERAL AUTHORITY
I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Connecticut Uniform Power of Attorney Act, sections 9 to 53, inclusive, of this act:
(INITIAL each subject you want to include in the agent's general authority. If you wish to grant general authority over all of the subjects you may initial "All Preceding Subjects" instead of initialing each subject.)
(___) Real Property
(___) Tangible Personal Property
(___) Stocks and Bonds
(___) Commodities and Options
(___) Banks and Other Financial Institutions
(___) Operation of Entity or Business
(___) Insurance and Annuities
(___) Estates, Trusts and Other Beneficial Interests
(___) Claims and Litigation
(___) Personal and Family Maintenance
(___) Benefits from Governmental Programs or Civil or Military Service
(___) Retirement Plans
(___) Taxes
(___) All Preceding Subjects
GRANT OF SPECIFIC AUTHORITY (OPTIONAL)
My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below:
(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. INITIAL ONLY the specific authority you WANT to give your agent.)
YOU SHOULD SEEK LEGAL ADVICE BEFORE INCLUDING THE FOLLOWING POWERS.
(___) Make a gift, subject to the limitations of the Connecticut Uniform Power of Attorney Act and any special instructions in this power of attorney. Unless otherwise provided in the special instructions, gifts per recipient may not exceed the annual dollar limits of the federal gift tax exclusion under Internal Revenue Code Section 2503(b), or if the principal's spouse agrees to consent to a split gift pursuant to Internal Revenue Code Section 2513, in an amount per recipient not to exceed twice the annual federal gift tax exclusion limit. In addition, an agent must determine that gifts are consistent with the principal's objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal's best interest based on all relevant factors.
(___) Create or change rights of survivorship
(___) Create or change a beneficiary designation
(___) Authorize another person to exercise the authority granted under this power of attorney
(___) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan
(___) Exercise fiduciary powers that the principal has authority to delegate
(___) Disclaim or refuse an interest in property, including a power of appointment
LIMITATION ON AGENT'S AUTHORITY
An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the special instructions.
SPECIAL INSTRUCTIONS (OPTIONAL)
You may give special instructions on the following lines:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
I approve these special instructions
_____________________________________ _______________
Your Signature Date
EFFECTIVE DATE
This power of attorney is effective immediately unless I have stated otherwise in the special instructions.
NOMINATION OF CONSERVATOR (OPTIONAL)
Initial below if you want to include the following provision(s):
(___) I hereby nominate the same person(s) that I have named as my agent(s) under this power of attorney as conservator(s) of my estate if it becomes necessary for a court to appoint a conservator of my estate.
(___) In the event that a court appoints my agent(s) as my conservator(s), I request that my conservator(s) not be required to post a bond.
RELIANCE ON THIS POWER OF ATTORNEY
Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.
SIGNATURE AND ACKNOWLEDGMENT
Signed in the presence of:
______________________ ______________ ___________
Witness Signature Your Signature Date
______________________ ________________ ___________
Witness Signature Your Signature Date
Your Name Printed
____________________________________________
____________________________________________
Your Address
____________________________________________
Your Telephone Number
State of ______________________________
County of____________________________
This document was acknowledged before me On ________________,
(Date)
by______________________________________.
(Name of Principal)
________________________________________ (Seal, if any)
Signature of Commissioner of Superior Court/Notary
My commission expires: _________________________
IMPORTANT INFORMATION FOR AGENT
Agent's Duties
When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship continues until you resign or the power of attorney is terminated or revoked. You must:
(1) Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;
(2) Act in good faith;
(3) Do nothing beyond the authority granted in this power of attorney; and
(4) Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:
(Principal's Name) by (Your Signature) as Agent
Unless the special instructions in this power of attorney state otherwise, you must also:
(1) Act loyally for the principal's benefit;
(2) Avoid conflicts that would impair your ability to act in the principal's best interest;
(3) Act with care, competence, and diligence;
(4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;
(5) Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and
(6) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.
Termination of Agent's Authority
You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:
(1) Death of the principal;
(2) The principal's revocation of the power of attorney or your authority;
(3) The occurrence of a termination event stated in the power of attorney;
(4) The purpose of the power of attorney is fully accomplished; or
(5) If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the special instructions in this power of attorney state that such an action will not terminate your authority.
Liability of Agent
The meaning of the authority granted to you is defined in the Connecticut Uniform Power of Attorney Act, sections 9 to 53, inclusive, of this act. If you violate the Connecticut Uniform Power of Attorney Act, sections 9 to 53, inclusive, of this act or act outside the authority granted, you may be liable for any damages caused by your violation.
If there is anything about this document or your duties that you do not understand, you should seek legal advice.
Sec. 50. (NEW) (Effective October 1, 2015) The following optional form may be used by an agent to certify facts concerning a power of attorney.
AGENT'S CERTIFICATION AS TO THE
VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY
State of ______________________________
County of____________________________
I, _____________________ (Name of Agent), certify under penalty of false statement that ____________________(Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated ________________________.
I further certify that to my knowledge:
(1) the Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of Attorney and the Power of Attorney and my authority to act under the Power of Attorney have not terminated;
(2) if the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;
(3) if I was named as a successor agent, the prior agent is no longer able or willing to serve; and
(4) ________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
(Insert other relevant statements)
SIGNATURE AND ACKNOWLEDGMENT
__________________________________ _______________
Agent's Signature Date
____________________________________________
Agent's Name Printed
____________________________________________
____________________________________________
Agent's Address
____________________________________________
Agent's Telephone Number
This document was acknowledged before me on ______________,
(Date)
by______________________________________.
(Name of Agent)
________________________________________ (Seal, if any)
Signature of Commissioner of Superior Court/Notary
My commission expires: _________________________
Sec. 51. (NEW) (Effective October 1, 2015) In applying and construing the provisions of sections 9 to 53, inclusive, of this act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
Sec. 52. (NEW) (Effective October 1, 2015) Sections 9 to 53, inclusive, of this act modify, limit, and supersede the federal Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq., but do not modify, limit, or supersede Section 101(c) of that act, 15 USC 7001(c), or authorize electronic delivery of any of the notices described in Section 3(b) of that act, 15 USC 7003(b).
Sec. 53. (NEW) (Effective October 1, 2015) (a) Except as otherwise provided in sections 9 to 53, inclusive, of this act, on October 1, 2015, said sections apply to:
(1) A power of attorney created before, on, or after October 1, 2015;
(2) A judicial proceeding concerning a power of attorney commenced on or after October 1, 2015;
(3) A judicial proceeding concerning a power of attorney commenced before October 1, 2015, unless the court finds that application of a provision of sections 9 to 53, inclusive, of this act would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and
(b) An act performed by an agent under a power of attorney before October 1, 2015, is not affected by sections 9 to 53, inclusive, of this act.
Sec. 54. Subsection (a) of section 45a-98 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) Courts of probate in their respective districts shall have the power to (1) grant administration of intestate estates of persons who have died domiciled in their districts and of intestate estates of persons not domiciled in this state which may be granted as provided by section 45a-303; (2) admit wills to probate of persons who have died domiciled in their districts or of nondomiciliaries whose wills may be proved in their districts as provided in section 45a-287; (3) except as provided in section 45a-98a or as limited by an applicable statute of limitations, determine title or rights of possession and use in and to any real, tangible or intangible property that constitutes, or may constitute, all or part of any trust, any decedent's estate, or any estate under control of a guardian or conservator, which trust or estate is otherwise subject to the jurisdiction of the Probate Court, including the rights and obligations of any beneficiary of the trust or estate and including the rights and obligations of any joint tenant with respect to survivorship property; (4) except as provided in section 45a-98a, construe the meaning and effect of any will or trust agreement if a construction is required in connection with the administration or distribution of a trust or estate otherwise subject to the jurisdiction of the Probate Court, or, upon petition from a beneficiary as defined in section 45a-175, as amended by this act, with respect to an inter vivos trust, if that trust is or could be subject to jurisdiction of the court for an accounting pursuant to section 45a-175, as amended by this act, provided such an accounting need not be required; (5) except as provided in section 45a-98a, apply the doctrine of cy pres or approximation; (6) to the extent provided for in section 45a-175, as amended by this act, call executors, administrators, trustees, guardians, conservators, persons appointed to sell the land of minors, and [attorneys-in-fact] agents acting under powers of attorney created in accordance with [section 45a-562] sections 9 to 53, inclusive, of this act, to account concerning the estates entrusted to their charge or for other relief as provided in sections 9 to 53, inclusive, of this act; and (7) make any lawful orders or decrees to carry into effect the power and jurisdiction conferred upon them by the laws of this state.
Sec. 55. Section 45a-175 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) Courts of probate shall have jurisdiction of the interim and final accounts of testamentary trustees, trustees appointed by the courts of probate, conservators, guardians, persons appointed by probate courts to sell the land of minors, executors, administrators and trustees in insolvency, and, to the extent provided for in this section, shall have jurisdiction of accounts of the actions of trustees of inter vivos trusts and [attorneys-in-fact] agents acting under powers of attorney.
(b) A trustee or settlor of an inter vivos trust or an attorney-in-fact or the successor of the trustee, settlor [or attorney-in-fact or the grantor of such power of attorney] or his legal representative may make application to the court of probate for the district where the trustee, or any one of them, [or the attorney-in-fact] has any place of business or to the court of probate for the district where the trustee or any one of them or the settlor [or the attorney-in-fact or the grantor of the power] resides or, in the case of a deceased settlor, [or grantor,] to the court of probate having jurisdiction over the estate of the settlor [or grantor] or for the district in which the settlor [or grantor] resided immediately prior to death for submission to the jurisdiction of the court of an account for allowance of the trustee's [or attorney's] actions under such trust. [or power.]
(c) (1) Any beneficiary of an inter vivos trust may petition a court of probate having jurisdiction under this section for an accounting by the trustee or trustees. The court may, after hearing with notice to all interested parties, grant the petition and require an accounting for such periods of time as it determines are reasonable and necessary on finding that: (A) The beneficiary has an interest in the trust sufficient to entitle him to an accounting, (B) cause has been shown that an accounting is necessary, and (C) the petition is not for the purpose of harassment.
(2) A court of probate shall have jurisdiction to require an accounting under subdivision (1) of this subsection if (A) a trustee of the trust resides in its district, (B) in the case of a corporate trustee, the trustee has any place of business in the district, (C) any of the trust assets are maintained or evidences of intangible property of the trust are situated in the district, or (D) the settlor resides in the district or, in the case of a deceased settlor, resided in the district immediately prior to death.
(3) As used in subdivision (1) of this subsection, "beneficiary" means any person currently receiving payments of income or principal from the trust, or who may be entitled to receive income or principal or both from the trust at some future date, or the legal representative of such person.
(d) Any of the persons specified in section 24 of this act may make application to the court of probate for the district where the agent has any place of business or to the court of probate for the district where the agent or the principal resides or, in the case of a deceased principal, to the court of probate having jurisdiction over the estate of the principal or for the district in which the principal resided immediately prior to death, for an accounting or other relief as provided in section 24 of this act. The court shall grant the petition if filed by the principal, agent, guardian, conservator or other fiduciary acting for the principal. The court may grant a petition filed by any other person specified in section 24 of this act if it finds that (1) the petitioner has an interest sufficient to entitle him to the relief requested, (2) cause has been shown that such relief is necessary, and (3) the petition is not for the purpose of harassment.
[(d)] (e) The action to submit an accounting to the court, whether by an inter vivos trustee or [attorney] agent acting under a power of attorney or whether pursuant to petition of another party, shall not subject the trust or the power of attorney to the continuing jurisdiction of the Probate Court.
[(e)] (f) If the court finds such appointment to be necessary and in the best interests of the estate, the court upon its own motion may appoint an auditor to be selected from a list provided by the Probate Court Administrator, to examine accounts over which the court has jurisdiction under this section, except those accounts on matters in which the fiduciary or cofiduciary is a corporation having trust powers. The Probate Court Administrator shall promulgate regulations in accordance with section 45a-77 concerning the compilation of a list of qualified auditors. Costs of the audit may be charged to the fiduciary, any party in interest and the estate, in such proportion as the court shall direct if the court finds such charge to be equitable. Any such share may be paid from the fund established under section 45a-82, subject to the approval of the Probate Court Administrator, if it is determined that the person obligated to pay such share is unable to pay or to charge such amount to the estate would cause undue hardship.
[(f)] (g) Upon the allowance of any such account, the court shall determine the rights of the fiduciaries or the [attorney-in-fact] agent under a power of attorney rendering the account and of the parties interested in the account, including the relief authorized under section 25 of this act, subject to appeal as in other cases. The court shall cause notice of the hearing on the account to be given in such manner and to such parties as it directs.
[(g)] (h) In any action under this section, the Probate Court shall have, in addition to powers pursuant to this section, all the powers available to a judge of the Superior Court at law and in equity pertaining to matters under this section.
Sec. 56. Subsection (b) of section 45a-645 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(b) The designation shall be executed, witnessed and revoked in the same manner as provided for wills in sections 45a-251 and 45a-257, or a power of attorney executed in accordance with section 13 of this act, except that any person who is so designated as a conservator shall not qualify as a witness.
Sec. 57. Section 45a-650 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) At any hearing on an application for involuntary representation, before the court receives any evidence regarding the condition of the respondent or of the respondent's affairs, the court shall require clear and convincing evidence that the court has jurisdiction, that the respondent has been given notice as required in section 45a-649, and that the respondent has been advised of the right to retain an attorney pursuant to section 45a-649a and is either represented by an attorney or has waived the right to be represented by an attorney. The respondent shall have the right to attend any hearing held under this section.
(b) The rules of evidence applicable to civil matters in the Superior Court shall apply to all hearings pursuant to this section. All testimony at a hearing held pursuant to this section shall be given under oath or affirmation.
(c) (1) After making the findings required under subsection (a) of this section, the court shall receive evidence regarding the respondent's condition, the capacity of the respondent to care for himself or herself or to manage his or her affairs, and the ability of the respondent to meet his or her needs without the appointment of a conservator. Unless waived by the court pursuant to subdivision (2) of this subsection, medical evidence shall be introduced from one or more physicians licensed to practice medicine in this state who have examined the respondent not more than forty-five days prior to the hearing, except that for a person with intellectual disability, as defined in section 1-1g, psychological evidence may be introduced in lieu of such medical evidence from a psychologist licensed pursuant to chapter 383 who has examined the respondent not more than forty-five days prior to the hearing. The evidence shall contain specific information regarding the respondent's condition and the effect of the respondent's condition on the respondent's ability to care for himself or herself or to manage his or her affairs. The court may also consider such other evidence as may be available and relevant, including, but not limited to, a summary of the physical and social functioning level or ability of the respondent, and the availability of support services from the family, neighbors, community or any other appropriate source. Such evidence may include, if available, reports from the social work service of a general hospital, municipal social worker, director of social service, public health nurse, public health agency, psychologist, coordinating assessment and monitoring agencies, or such other persons as the court considers qualified to provide such evidence.
(2) The court may waive the requirement that medical evidence be presented if it is shown that the evidence is impossible to obtain because of the absence of the respondent or the respondent's refusal to be examined by a physician or that the alleged incapacity is not medical in nature. If such requirement is waived, the court shall make a specific finding in any decree issued on the application stating why medical evidence was not required.
(3) Any hospital, psychiatric, psychological or medical record or report filed with the court pursuant to this subsection shall be confidential.
(d) Upon the filing of an application for involuntary representation pursuant to section 45a-648, the court shall issue an order for the disclosure of the medical information required pursuant to this section and any psychological information submitted with respect to a person with intellectual disability pursuant to subsection (c) of this section to the respondent's attorney and, upon request, to the respondent. The court may issue an order for the disclosure of such information to any other person as the court determines necessary.
(e) Notwithstanding the provisions of section 45a-7, the court may hold the hearing on the application at a place other than its usual courtroom if it would facilitate attendance by the respondent.
(f) (1) If the court finds by clear and convincing evidence that the respondent is incapable of managing the respondent's affairs, that the respondent's affairs cannot be managed adequately without the appointment of a conservator and that the appointment of a conservator is the least restrictive means of intervention available to assist the respondent in managing the respondent's affairs, the court may appoint a conservator of his or her estate after considering the factors set forth in subsection (g) of this section.
(2) If the court finds by clear and convincing evidence that the respondent is incapable of caring for himself or herself, that the respondent cannot be cared for adequately without the appointment of a conservator and that the appointment of a conservator is the least restrictive means of intervention available to assist the respondent in caring for himself or herself, the court may appoint a conservator of his or her person after considering the factors set forth in subsection (g) of this section.
(3) No conservator may be appointed if the respondent's personal needs and property management are being met adequately by an agency or individual appointed pursuant to section [1-43,] 19a-575a, 19a-577, 19a-580e or 19a-580g.
(g) When determining whether a conservator should be appointed the court shall consider the following factors: (1) The abilities of the respondent; (2) the respondent's capacity to understand and articulate an informed preference regarding the care of his or her person or the management of his or her affairs; (3) any relevant and material information obtained from the respondent; (4) evidence of the respondent's past preferences and life style choices; (5) the respondent's cultural background; (6) the desirability of maintaining continuity in the respondent's life and environment; (7) whether the respondent had previously made adequate alternative arrangements for the care of his or her person or for the management of his or her affairs, including, but not limited to, the execution of a durable power of attorney, springing power of attorney, the appointment of a health care representative or health care agent, the execution of a living will or trust or the execution of any other similar document; (8) any relevant and material evidence from the respondent's family and any other person regarding the respondent's past practices and preferences; and (9) any supportive services, technologies or other means that are available to assist the respondent in meeting his or her needs.
(h) The respondent or conserved person may appoint, designate or nominate a conservator or successor conservator pursuant to section 19a-575a, 19a-580e, 19a-580g or 45a-645, as amended by this act, or may, orally or in writing, nominate a conservator or successor conservator who shall be appointed unless the court finds that the appointee, designee or nominee is unwilling or unable to serve or there is substantial evidence to disqualify such person. If there is no such appointment, designation or nomination or if the court does not appoint the person appointed, designated or nominated by the respondent or conserved person, the court may appoint any qualified person, authorized public official or corporation in accordance with subsections (a) and (b) of section 45a-644. In considering whom to appoint as conservator or successor conservator, the court shall consider (1) the extent to which a proposed conservator has knowledge of the respondent's or conserved person's preferences regarding the care of his or her person or the management of his or her affairs, (2) the ability of the proposed conservator to carry out the duties, responsibilities and powers of a conservator, (3) the cost of the proposed conservatorship to the estate of the respondent or conserved person, (4) the proposed conservator's commitment to promoting the respondent's or conserved person's welfare and independence, and (5) any existing or potential conflicts of interest of the proposed conservator.
(i) If the court appoints a conservator of the estate of the respondent, the court shall require a probate bond. The court may, if it considers it necessary for the protection of the respondent, require a bond of any conservator of the person appointed under this section.
(j) Absent the court's order to the contrary and except as otherwise provided in subsection (b) of section 19a-580e, a conservator appointed pursuant to this section shall be bound by all health care decisions properly made by the conserved person's health care representative.
(k) In assigning the duties of a conservator under this section the court may, in accordance with section 16 of this act, limit, suspend or terminate the authority of an agent designated by the conserved person to act under a power of attorney.
[(k) A] (l) Except as provided in subsection (k) of this section, a conserved person and his agent under a power of attorney shall retain all rights and authority not expressly assigned to the conservator.
[(l)] (m) The court shall assign to a conservator appointed under this section only the duties and authority that are the least restrictive means of intervention necessary to meet the needs of the conserved person. The court shall find by clear and convincing evidence that such duties and authority restrict the decision-making authority of the conserved person only to the extent necessary to provide for the personal needs or property management of the conserved person. Such personal needs and property management shall be provided in a manner appropriate to the conserved person. The court shall make a finding of the clear and convincing evidence that supports the need for each duty and authority assigned to the conservator.
[(m)] (n) Nothing in this chapter shall impair, limit or diminish a conserved person's right to retain an attorney to represent such person or to seek redress of grievances in any court or administrative agency, including proceedings in the nature of habeas corpus arising out of any limitations imposed on the conserved person by court action taken under this chapter, chapter 319i, chapter 319j or section 45a-242. In any other proceeding in which the conservator has retained counsel for the conserved person, the conserved person may request the Court of Probate to direct the conservator to substitute an attorney chosen by the conserved person.
Sec. 58. Section 47-5 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(a) All conveyances of land shall be: (1) In writing; (2) if the grantor is a natural person, subscribed, with or without a seal, by the grantor with his own hand or with his mark with his name annexed to it or by his [attorney] agent authorized for that purpose by a power executed, acknowledged and witnessed in the manner provided for conveyances or, if the grantor is a corporation, limited liability company or partnership, subscribed by a duly authorized person; (3) acknowledged by the grantor, his [attorney] agent or such duly authorized person (A) to be his free act and deed, or (B) in any manner permitted under chapter 6 or chapter 8; and (4) attested to by two witnesses with their own hands.
(b) A document conveying land shall also include the current mailing address of the grantee.
(c) In addition to the requirements of subsection (a) of this section, the execution of a deed or other conveyance of real property pursuant to a power of attorney shall be deemed sufficient if done in substantially the following form:
Name of Owner of Record
By: (Signature of [Attorney-in-Fact] Agent) L.S.
Name of Signatory
His/Her [Attorney-in-Fact] Agent
(d) Nothing in subsection (c) of this section precludes the use of any other legal form of execution of deed or other conveyance of real property.
Sec. 59. Subsection (c) of section 19a-580f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
(c) A power of attorney for health care decisions properly executed prior to October 1, 2006, shall have the same power and effect as provided under section 1-55, revision of 1958 revised to January 1, 2015, in effect at the time of its execution.
Sec. 60. Section 45a-582 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):
An interest that exists on October 1, 1981, as to which, if a present interest, the time for delivering a disclaimer under [section 45a-562,] subsections (3) and (35) of section 45a-234, subsections (4) and (19) of section 45a-235, and sections 45a-578 to 45a-584, inclusive, has not expired or, if a future interest, the interest has not become indefeasibly vested or the taker finally ascertained, may be disclaimed within nine months after October 1, 1981.
Sec. 61. Sections 1-42 to 1-56, inclusive, of the general statutes, sections 1-56h to 1-56k, inclusive, of the general statutes and section 45a-562 of the general statutes are repealed. (Effective October 1, 2015)
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2015 |
17b-450 |
Sec. 2 |
October 1, 2015 |
17b-451(a) |
Sec. 3 |
October 1, 2015 |
53a-119 |
Sec. 4 |
October 1, 2015 |
53a-123(a) |
Sec. 5 |
October 1, 2015 |
New section |
Sec. 6 |
October 1, 2015 |
New section |
Sec. 7 |
October 1, 2015 |
New section |
Sec. 8 |
October 1, 2015 |
New section |
Sec. 9 |
October 1, 2015 |
New section |
Sec. 10 |
October 1, 2015 |
New section |
Sec. 11 |
October 1, 2015 |
New section |
Sec. 12 |
October 1, 2015 |
New section |
Sec. 13 |
October 1, 2015 |
New section |
Sec. 14 |
October 1, 2015 |
New section |
Sec. 15 |
October 1, 2015 |
New section |
Sec. 16 |
October 1, 2015 |
New section |
Sec. 17 |
October 1, 2015 |
New section |
Sec. 18 |
October 1, 2015 |
New section |
Sec. 19 |
October 1, 2015 |
New section |
Sec. 20 |
October 1, 2015 |
New section |
Sec. 21 |
October 1, 2015 |
New section |
Sec. 22 |
October 1, 2015 |
New section |
Sec. 23 |
October 1, 2015 |
New section |
Sec. 24 |
October 1, 2015 |
New section |
Sec. 25 |
October 1, 2015 |
New section |
Sec. 26 |
October 1, 2015 |
New section |
Sec. 27 |
October 1, 2015 |
New section |
Sec. 28 |
October 1, 2015 |
New section |
Sec. 29 |
October 1, 2015 |
New section |
Sec. 30 |
October 1, 2015 |
New section |
Sec. 31 |
October 1, 2015 |
New section |
Sec. 32 |
October 1, 2015 |
New section |
Sec. 33 |
October 1, 2015 |
New section |
Sec. 34 |
October 1, 2015 |
New section |
Sec. 35 |
October 1, 2015 |
New section |
Sec. 36 |
October 1, 2015 |
New section |
Sec. 37 |
October 1, 2015 |
New section |
Sec. 38 |
October 1, 2015 |
New section |
Sec. 39 |
October 1, 2015 |
New section |
Sec. 40 |
October 1, 2015 |
New section |
Sec. 41 |
October 1, 2015 |
New section |
Sec. 42 |
October 1, 2015 |
New section |
Sec. 43 |
October 1, 2015 |
New section |
Sec. 44 |
October 1, 2015 |
New section |
Sec. 45 |
October 1, 2015 |
New section |
Sec. 46 |
October 1, 2015 |
New section |
Sec. 47 |
October 1, 2015 |
New section |
Sec. 48 |
October 1, 2015 |
New section |
Sec. 49 |
October 1, 2015 |
New section |
Sec. 50 |
October 1, 2015 |
New section |
Sec. 51 |
October 1, 2015 |
New section |
Sec. 52 |
October 1, 2015 |
New section |
Sec. 53 |
October 1, 2015 |
New section |
Sec. 54 |
October 1, 2015 |
45a-98(a) |
Sec. 55 |
October 1, 2015 |
45a-175 |
Sec. 56 |
October 1, 2015 |
45a-645(b) |
Sec. 57 |
October 1, 2015 |
45a-650 |
Sec. 58 |
October 1, 2015 |
47-5 |
Sec. 59 |
October 1, 2015 |
19a-580f(c) |
Sec. 60 |
October 1, 2015 |
45a-582 |
Sec. 61 |
October 1, 2015 |
Repealer section |
Statement of Purpose:
In Section 1(2), "means" was changed to "includes" for internal consistency; in Section 2(a)(21), "licensed and certified as an emergency medical services provider pursuant to chapter 384d" was changed to "licensed or certified as an emergency medical services provider pursuant to chapter 368d or chapter 384d" for accuracy; in Section 5(a), "as defined" was changed to "as such terms are defined" and "victim" was changed to "elderly victim" for clarity; in Section 6, "as amended by this act" was inserted after "general statutes" for clarity; and in section 53, "2014" was changed to "2015" for accuracy and internal consistency.
AGE |
Joint Favorable Subst. |
|
BA |
Joint Favorable |
|
JUD |
Joint Favorable |