The following sections of Connecticut's law,
known as the Connecticut General Statutes, govern powers of attorney.
Short Form Power of Attorney
"Springing" Powers of Attorney
Accounting by Attorneys-in-fact
§ 1-42. Short title: Connecticut Statutory Short Form
Power of Attorney Act
This chapter may be cited as the "Connecticut
Statutory Short Form Power of Attorney Act".
§ 1-43. Form
(a) The use of the following form in the creation of a
power of attorney is authorized, and, when used, it shall be construed in accordance with
the provisions of this chapter: "Notice: The powers granted by this document are
broad and sweeping. They are defined in Connecticut Statutory Short Form Power of Attorney
Act, sections 1-42 to 1-56, inclusive, of the general statutes, which expressly permits
the use of any other or different form of power of attorney desired by the parties
concerned. The grantor of any power of attorney or the attorney-in-fact may make
application to a court of probate for an accounting as provided in subsection (b) of
section 45a-175.
Know All Men by These Presents, which are intended to
constitute a GENERAL POWER OF ATTORNEY pursuant to Connecticut Statutory Short Form Power
of Attorney Act: That I ... (insert name and address of the principal) do hereby appoint
... (insert name and address of the agent, or each agent, if more than one is designated)
my attorney(s)-in-fact TO ACT ... If more than one agent is designated and the principal
wishes each agent alone to be able to exercise the power conferred, insert in this blank
the word "severally". Failure to make any insertion or the insertion of the word
"jointly" shall require the agents to act jointly.
First: In my name, place and stead in any way which I
myself could do, if I were personally present, with respect to the following matters as
each of them is defined in the Connecticut Statutory Short Form Power of Attorney Act to
the extent that I am permitted by law to act through an agent:
(Strike out and initial in the opposite box any one or
more of the subdivisions as to which the principal does NOT desire to give the agent
authority. Such elimination of any one or more of subdivisions (A) to (L), inclusive,
shall automatically constitute an elimination also of subdivision (M).) To strike out any
subdivision the principal must draw a line through the text of that subdivision AND write
his initials in the box opposite.
(A) real estate transactions; ( )
(B) chattel and goods transactions; ( )
(C) bond, share and commodity transactions; ( )
(D) banking transactions; ( )
(E) business operating transactions; ( )
(F) insurance transactions; ( )
(G) estate transactions; ( )
(H) claims and litigation; ( )
(I) personal relationships and affairs; ( )
(J) benefits from military service; ( )
(K) records, reports and statements; ( )
(L) health care decisions; ( )
(M) all other matters; ( )
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(Special provisions and limitations may be included in the
statutory short form power of attorney only if they conform to the requirements of the
Connecticut Statutory Short Form Power of Attorney Act.)
Second: With full and unqualified authority to delegate
any or all of the foregoing powers to any person or persons whom my attorney(s)-in-fact
shall select;
Third: Hereby ratifying and confirming all that said
attorney(s) or substitute(s) do or cause to be done. IN WITNESS WHEREOF I have hereunto
signed my name and affixed my seal this .... day of ...., 20...
....(Signature of Principal) (Seal)
(ACKNOWLEDGMENT)" The execution of this statutory
short form power of attorney shall be duly acknowledged by the principal in the manner
prescribed for the acknowledgment of a conveyance of real property. No provision of this
chapter shall be construed to bar the use of any other or different form of power of
attorney desired by the parties concerned. Every statutory short form power of attorney
shall contain, in boldface type or a reasonable equivalent thereof, the "Notice"
at the beginning of this section.
(b) A power of attorney is a "statutory short form
power of attorney", as this phrase is used in this chapter, when it is in writing,
has been duly acknowledged by the principal and contains the exact wording of clause First
set forth in subsection (a) of this section, except that any one or more of subdivisions
(A) to (M) may be stricken out and initialed by the principal, in which case the
subdivisions so stricken out and initialed and also subdivision (M) shall be deemed
eliminated. A statutory short form power of attorney may contain modifications or
additions of the types described in section 1-56.
(c) If more than one agent is designated by the principal,
such agents, in the exercise of the powers conferred, shall act jointly unless the
principal specifically provides in such statutory short form power of attorney that they
are to act severally.
(d)(1) The principal may indicate that a power of attorney
duly acknowledged in accordance with this section shall take effect upon the occurrence of
a specified contingency, including a date certain or the occurrence of an event, provided
that an agent designated by the principal executes a written affidavit in accordance with
section 1-56h that such contingency has occurred. (2) The principal may indicate the
circumstance or date certain upon which the power of attorney shall cease to be effective.
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§
1-44. Real estate transactions
In a statutory short form power of attorney, the language
conferring general authority with respect to real estate transactions shall be construed
to mean that the principal authorizes the agent: (1) To accept as a gift, or as security
for a loan, to reject, to demand, to buy, to lease, to receive, or otherwise to acquire
either ownership or possession of any estate or interest in land; (2) to sell, to
exchange, to convey either with or without covenants, to quit claim, to release, to
surrender, to mortgage, to encumber, to partition or to consent to the partitioning, to
revoke, create or modify a trust, to grant options concerning, to lease or to sublet, or
otherwise to dispose of, any estate or interest in land; (3) to release in whole or in
part, to assign the whole or a part of, to satisfy in whole or in part, and to enforce by
action, proceeding or otherwise, any mortgage, encumbrance, lien or other claim to land
which exists, or is claimed to exist, in favor of the principal; (4) to do any act of
management or of conservation with respect to any estate or interest in land owned, or
claimed to be owned, by the principal, including, but not limited to, power to insure
against any casualty, liability or loss, to obtain or to regain possession or to protect
such estate or interest by action, proceeding or otherwise, to pay, to compromise or to
contest taxes or assessments, to apply for refunds in connection therewith, to purchase
supplies, to hire assistance or labor and to make repairs or alterations in the structures
or lands; (5) to utilize in any way, to develop, to modify, to alter, to replace, to
remove, to erect or to install structures or other improvements upon any land in which the
principal has, or claims to have, any estate or interest; (6) to demand, to receive, to
obtain by action, proceeding or otherwise, any money or other thing of value to which the
principal is, or may become, or may claim to be, entitled as the proceeds of an interest
in land or of one or more of the transactions enumerated in this section, to conserve, to
invest, to disburse or to utilize anything so received for purposes enumerated in this
section, and to be reimbursed for any expenditures properly made by him in the execution
of the powers conferred on him by the statutory short form power of attorney; (7) to
participate in any reorganization with respect to real property and to receive and to hold
any shares of stock or instrument of similar character received in accordance with such
plan of reorganization, and to act with respect thereto, including, but not limited to,
power to sell or otherwise to dispose of such shares, or any of them, to exercise or to
sell any option, conversion or similar right with respect thereto, and to vote thereon in
person or by the granting of a proxy; (8) to agree and to contract, in any manner, and
with any person and on any terms, which the agent may select, for the accomplishment of
any of the purposes enumerated in this section, and to perform, to rescind, to reform, to
release or to modify any such agreement or contract or any other similar agreement or
contract made by or on behalf of the principal; (9) to execute, to acknowledge, to seal
and to deliver any deed, revocation, declaration or modification of trust, mortgage,
lease, notice, check or other instrument which the agent may think useful for the
accomplishment of any of the purposes enumerated in this section; (10) to prosecute, to
defend, to submit to arbitration, to settle, and to propose or to accept a compromise with
respect to, any claim existing in favor of, or against, the principal based on or
involving any real estate transaction or to intervene in any action or proceeding relating
thereto; (11) to hire, to discharge, and to compensate any attorney, accountant, expert
witness or other assistant or assistants when the agent deems such action to be desirable
for the proper execution by him of any of the powers described in this section, and for
the keeping of needed records thereof, and (12) in general, and in addition to all the
specific acts in this section enumerated, to do any other act or acts, which the principal
can do through an agent, with respect to any estate or interest in land. All powers
described in this section shall be exercisable equally with respect to any estate or
interest in land owned by the principal at the giving of the power of attorney or
thereafter acquired, and whether located in the state of Connecticut or elsewhere.
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§
1-45. Chattel and goods transactions
In a statutory short form power of attorney, the language
conferring general authority with respect to chattel and goods transactions shall be
construed to mean that the principal authorizes the agent: (1) To accept as a gift, or as
security for a loan, to reject, to demand, to buy, to receive, or otherwise to acquire
either ownership or possession of, any chattel or goods or any interest in any chattel or
goods; (2) to sell, to exchange, to convey either with or without covenants, to release,
to surrender, to mortgage, to encumber, to pledge, to hypothecate, to pawn, to revoke,
create or modify a trust, to grant options concerning, to lease or to sublet to others, or
otherwise to dispose of any chattel or goods or any interest in any chattel or goods; (3)
to release in whole or in part, to assign the whole or a part of, to satisfy in whole or
in part, and to enforce by action, proceeding or otherwise, any mortgage, encumbrance,
lien or other claim, which exists, or is claimed to exist, in favor of the principal, with
respect to any chattel or goods or any interest in any chattel or goods; (4) to do any act
of management or of conservation, with respect to any chattel or goods or to any interest
in any chattel or goods owned, or claimed to be owned, by the principal, including, but
not limited to, power to insure against any casualty, liability or loss, to obtain or to
regain possession, or to protect such chattel or goods or interest in any chattel or
goods, by action, proceeding or otherwise, to pay, to compromise or to contest taxes or
assessments, to apply for refunds in connection therewith, to move from place to place, to
store for hire or on a gratuitous bailment, to use, to alter and to make repairs or
alterations of any such chattel or goods, or interest in any chattel or goods; (5) to
demand, to receive, to obtain by action, proceeding or otherwise, any money or other thing
of value to which the principal is, or may become, or may claim to be, entitled as the
proceeds of a chattel or goods or of any interest in any chattel or goods, or of one or
more of the transactions enumerated in this section, to conserve, to invest, to disburse
or to utilize anything so received for purposes enumerated in this section, and to be
reimbursed for any expenditures properly made by him in the execution of the powers
conferred on him by the statutory short form power of attorney; (6) to agree and to
contract, in any manner, and with any person and on any terms, which the agent may select,
for the accomplishment of any of the purposes enumerated in this section, and to perform,
to rescind, to reform, to release or to modify any such agreement or contract or any other
similar agreement or contract made by or on behalf of the principal; (7) to execute, to
acknowledge, to seal and to deliver any conveyance, revocation, declaration or
modification of trust, mortgage, lease, notice, check or other instrument which the agent
may think useful for the accomplishment of any of the purposes enumerated in this section;
(8) to prosecute, to defend, to submit to arbitration, to settle, and to propose or to
accept a compromise with respect to, any claim existing in favor of, or against, the
principal based on or involving any chattel or goods transaction or to intervene in any
action or proceeding relating thereto; (9) to hire, to discharge and to compensate any
attorney, accountant, expert witness or other assistant or assistants when the agent deems
such action to be desirable for the proper execution by him of any of the powers described
in this section, and for the keeping of needed records thereof, and (10) in general, and
in addition to all the specific acts in this section enumerated, to do any other act or
acts, which the principal can do through an agent, with respect to any chattel or goods or
interest in any chattel or goods. All powers described in this section shall be
exercisable equally with respect to any chattel or goods or interest in any chattel or
goods owned by the principal at the giving of the power of attorney or thereafter
acquired, and whether located in the state of Connecticut or elsewhere.
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§
1-46. Bond, share and commodity transactions
In a statutory short form power of attorney, the language
conferring general authority with respect to bond, share and commodity transactions shall
be construed to mean that the principal authorizes the agent: (1) To accept as a gift, or
as security for a loan, to reject, to demand, to buy, to receive, or otherwise to acquire
either ownership or possession of, any bond, share, instrument of similar character,
commodity interest or any instrument with respect thereto, together with the interest,
dividends, proceeds or other distributions connected therewith; (2) to sell, including
short sales, exchange, transfer either with or without a guaranty, release, surrender,
hypothecate, pledge, revoke, create or modify a trust, grant options concerning, loan,
trade in, or otherwise dispose of any bond, share, instrument of similar character,
commodity interest or any instrument with respect thereto; (3) to release in whole or in
part, assign the whole or a part of, satisfy in whole or in part, and enforce by action,
proceeding or otherwise, any pledge, encumbrance, lien or other claim as to any bond,
share, instrument of similar character, commodity interest or any interest with respect
thereto, when such pledge, encumbrance, lien or other claim is owned, or claimed to be
owned, by the principal; (4) to do any act of management or of conservation with respect
to any bond, share, instrument of similar character, commodity interest or any instrument
with respect thereto, owned or claimed to be owned by the principal or in which the
principal has or claims to have an interest, including, but not limited to, power to
insure against any casualty, liability or loss; to obtain or regain possession or protect
the principal's interest therein by action, proceeding or otherwise; to pay, compromise or
contest taxes or assessments; to apply for refunds in connection therewith; to consent to
and participate in any reorganization, recapitalization, liquidation, merger,
consolidation, sale or lease, or other change in or revival of a corporation or other
association, or in the financial structure of any corporation or other association, or in
the priorities, voting rights or other special rights with respect thereto; to become a
depositor with any protective, reorganization or similar committee of the bond, share,
other instrument of similar character, commodity interest or any instrument with respect
thereto, belonging to the principal; to make any payments reasonably incident to the
foregoing; to exercise or sell any option, conversion or similar right; to vote in person
or by the granting of a proxy, with or without the power of substitution, either
discretionary, general or otherwise, for the accomplishment of any of the purposes
enumerated in this section; (5) to carry in the name of a nominee selected by the agent
any evidence of the ownership of any bond, share, other instrument of similar character,
commodity interest or instrument with respect thereto, belonging to the principal; (6) to
employ, in any way believed to be desirable by the agent, any bond, share, other
instrument of similar character, commodity interest or any instrument with respect
thereto, in which the principal has or claims to have any interest, for the protection or
continued operation of any speculative or margin transaction personally begun or
personally guaranteed, in whole or in part, by the principal; (7) to demand, receive or
obtain by action, proceeding or otherwise, any money or other thing of value to which the
principal is, or may become, or may claim to be, entitled as the proceeds of any interest
in a bond, share, other instrument of similar character, commodity interest or any
instrument with respect thereto, or of one or more of the transactions enumerated in this
section; to conserve, invest, disburse or utilize anything so received for purposes
enumerated in this section, and to be reimbursed for any expenditures properly made by him
in the execution of the powers conferred on him by the statutory short form power of
attorney; (8) to agree and contract, in any manner, and with any broker or other person,
and on any terms, which the agent may select, for the accomplishment of any of the
purposes enumerated in this section, and to perform, rescind, reform, release or modify
any such agreement or contract or any other similar agreement made by or on behalf of the
principal; (9) to execute, acknowledge and deliver any consent, agreement, authorization,
assignment, revocation, declaration or modification of trust, notice, waiver of notice,
check or other instrument which the agent deems useful for the accomplishment of any of
the purposes enumerated in this section; (10) to execute, acknowledge and file any report
or certificate required by law or governmental regulation; (11) to prosecute, defend,
submit to arbitration, settle and propose or accept a compromise with respect to any claim
existing in favor of, or against, the principal based on or involving any bond, share or
commodity transaction or to intervene in any action or proceeding relating thereto; (12)
to hire, discharge and compensate any attorney, accountant, expert witness or other
assistant or assistants when the agent deems such action to be desirable for the proper
execution by him of any of the powers described in this section, and for the keeping of
needed records thereof, and (13) in general, and in addition to all the specific acts
enumerated in this section, to do any other act or acts, which the principal can do
through an agent, with respect to any interest in any bond, share or other instrument of
similar character, commodity, or instrument with respect to a commodity. All powers
described in this section shall be exercisable equally with respect to any interest in any
bond, share or other instrument of similar character, commodity, or instrument with
respect to a commodity owned by the principal at the giving of the power of attorney or
thereafter acquired, whether located in the state of Connecticut or elsewhere.
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§ 1-47.
Banking transactions
In a statutory short form power of attorney, the language
conferring general authority with respect to banking transactions shall be construed to
mean that the principal authorizes the agent: (1) To continue, modify and terminate any
deposit account or other banking arrangement made by or on behalf of the principal prior
to the creation of the agency; (2) to open, either in the name of the agent alone, or in
the name of the principal alone, or in both their names jointly or otherwise, a deposit
account of any type with any banker or in any banking institution selected by the agent;
to hire such safe deposit box or vault space and to make such other contracts for the
procuring of other services made available by any such banker or banking institution as
the agent deems desirable; (3) to make, sign and deliver checks or drafts for any purpose;
to withdraw by check, order or otherwise any funds or property of the principal deposited
with, or left in the custody of, any banker or banking institution, wherever located,
either before or after the creation of the agency; (4) to prepare from time to time
financial statements concerning the assets and liabilities or income and expenses of the
principal, and to deliver statements so prepared to any banker, banking institution or
other person, whom the agent reasonably believes to be entitled thereto; (5) to receive
statements, vouchers, notices or other documents from any banker or banking institution
and to act with respect thereto; (6) to have such access to any safe deposit box or vault
as the principal might have, if personally present; (7) to borrow money by bank overdraft,
or by promissory note of the principal given for such period and at such interest rate as
the agent may select; to give such security out of the assets of the principal as the
agent deems desirable or necessary for any such borrowing; to pay, renew or extend the
time of payment of any note so given or given by or on behalf of the principal, and to
procure for the principal a loan from any banker or banking institution by any other
procedure made available by such banker or institution; (8) to make, assign, endorse,
discount, guarantee and negotiate, for any and all purposes, all promissory notes, bills
of exchange, checks, drafts or other negotiable or nonnegotiable paper of the principal,
or payable to the principal or to his order; to receive the cash or other proceeds of any
such transactions; to accept any bill of exchange or draft drawn by any person upon the
principal, and to pay it when due; (9) to receive for the principal and deal in and deal
with any trust receipt, warehouse receipt or other negotiable or nonnegotiable instrument
in which the principal has or claims to have an interest; (10) to apply for and receive
letters of credit or travelers checks from any banker or banking institution selected by
the agent and to give such indemnity or other agreements in connection therewith as the
agent deems desirable or necessary; (11) to consent to an extension in the time of payment
with respect to any commercial paper or any banking transaction in which the principal has
an interest or by which the principal is, or might be, affected in any way; (12) to pay,
compromise or contest taxes or assessments and to apply for refunds in connection
therewith; (13) to demand, receive, obtain by action, proceeding or otherwise any money or
other thing of value to which the principal is, or may become, or may claim to be,
entitled as the proceeds of any banking transaction conducted by the principal himself, or
by the agent in the execution of any of the powers described in this section, or partly by
the principal and partly by the agent so acting; to conserve, invest, disburse or utilize
anything so received for the purposes enumerated in this section, and to be reimbursed for
any expenditures properly made by him in the execution of the powers conferred upon him by
the statutory short form power of attorney; (14) to execute, acknowledge, seal and deliver
any instrument of any kind, in the name of the principal or otherwise, which the agent
deems useful for the accomplishment of any of the purposes enumerated in this section;
(15) to prosecute, defend, submit to arbitration, settle, and propose or accept a
compromise with respect to, any claim existing in favor of, or against, the principal
based on or involving any banking transaction, or to intervene in any action or proceeding
relating thereto; (16) to hire, discharge and compensate any attorney, accountant, expert
witness or other assistant or assistants when the agent deems such action to be desirable
for the proper execution by him of any of the powers described in this section, and for
the keeping of needed records thereof, and (17) in general, and in addition to all the
specific acts in this section enumerated, to do any other act or acts, which the principal
can do through an agent, in connection with any banking transaction which does or might in
any way affect the financial or other interests of the principal. All powers described in
this section shall be exercisable equally with respect to any banking transaction engaged
in by the principal at the giving of the power of attorney or thereafter engaged in, and
whether conducted in the state of Connecticut or elsewhere.
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§
1-48. Business operating transactions
In a statutory short form power of attorney, the language
conferring general authority with respect to business operating transactions shall be
construed to mean that the principal authorizes the agent: (1) To the extent that an agent
is permitted by law thus to act for a principal, to discharge and perform any duty or
liability and also to exercise any right, power, privilege or option which the principal
has, or claims to have, under any contract of partnership whether the principal is a
general or special partner thereunder; to enforce the terms of any such partnership
agreement for the protection of the principal, by action, proceeding or otherwise, as the
agent deems desirable or necessary, and to defend, submit to arbitration, settle or
compromise any action or other legal proceeding to which the principal is a party because
of his membership in said partnership; (2) to exercise in person or by proxy or enforce by
action, proceeding or otherwise any right, power, privilege or option which the principal
has as the holder of any bond, share or other instrument of similar character, and to
defend, submit to arbitration, settle or compromise any action or other legal proceeding
to which the principal is a party because of any such bond, share or other instrument of
similar character; (3) with respect to any business enterprise which is owned solely by
the principal (A) to continue, modify, renegotiate, extend and terminate any contractual
arrangements made with any person, firm, association or corporation by or on behalf of the
principal with respect thereto prior to the creation of the agency; (B) to determine the
policy of such enterprise as to the location of the site or sites to be utilized for its
operation, as to the nature and extent of the business to be undertaken by it, as to
methods of manufacturing, selling, merchandising, financing, accounting and advertising to
be employed in its operation, as to the amount and types of insurance to be carried, as to
the mode of securing, compensating and dealing with accountants, attorneys, servants and
other agents and employees required for its operation; to agree and contract, in any
manner, and with any person and on any terms which the agent deems desirable or necessary
for effectuating any or all of such decisions of the agent as to policy, and to perform,
rescind, reform, release or modify any such agreement or contract or any other similar
agreement or contract made by or on behalf of the principal; (C) to change the name or
form of organization under which such business is operated and enter into such partnership
agreement with other persons or organize such corporation to take over the operation of
such business, or any part thereof, as the agent deems desirable or necessary; (D) to
demand and to receive all moneys which are, or may become, due to the principal, or which
may be claimed by the principal or on his behalf, in the operation of such enterprise, and
to control and disburse such funds in the operation of such enterprise in any way which
the agent deems desirable or necessary; to engage in any banking transactions which the
agent deems desirable or necessary for effectuating the execution of any of the powers of
the agent described in this subdivision; (4) to prepare, sign, file and deliver all
reports, compilations of information, returns or other papers with respect to any business
operating transaction of the principal, which are required by any governmental agency,
department or instrumentality or which the agent deems desirable or necessary for any
purpose, and to make any payments with respect thereto; (5) to pay, compromise or contest
taxes or assessments and to do any act or acts which the agent deems desirable or
necessary to protect the principal from illegal or unnecessary taxation, fines, penalties
or assessments in connection with his business operations, including power to attempt to
recover, in any manner permitted by law, sums paid before or after the creation of the
agency as taxes, fines, penalties or assessments; (6) to demand, receive or obtain by
action, proceeding or otherwise any money, or other thing of value to which the principal
is, or may become, or may claim to be entitled as the proceeds of any business operation
of such principal; to conserve, invest, disburse or utilize anything so received for the
purposes enumerated in this section, and to be reimbursed for any expenditures properly
made by him in the execution of the powers conferred upon him by the statutory short form
power of attorney; (7) to execute, acknowledge, seal and deliver any deed, assignment,
mortgage, lease, notice, consent, agreement, authorization, check or other instrument
which the agent deems useful for the accomplishment of any of the purposes enumerated in
this section; (8) to prosecute, defend, submit to arbitration, settle, and propose or
accept a compromise with respect to, any claim existing in favor of, or against, the
principal based on or involving any business operating transaction or to intervene in any
action or proceeding relating thereto; (9) to hire, discharge and compensate any attorney,
accountant, expert witness or other assistant or assistants when the agent deems such
action to be desirable for the proper execution by him of any of the powers described in
this section, and for the keeping of needed records thereof, and (10) in general, and in
addition to all the specific acts in this section enumerated, to do any other act or acts,
which the principal can do through an agent, in connection with any business operated by
the principal, which the agent deems desirable or necessary for the furtherance or
protection of the interests of the principal. All powers described in this section shall
be exercisable equally with respect to any business in which the principal is interested
at the creation of the agency or in which the principal shall thereafter become
interested, and whether operated in the state of Connecticut or elsewhere.
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§ 1-49.
Insurance transactions
In a statutory short form power of attorney, the language
conferring general authority with respect to insurance transactions shall be construed to
mean that the principal authorizes the agent: (1) To continue, pay the premium or
assessment on, modify, rescind, release or terminate any contract of life, accident,
health, disability or liability insurance or any combination of such insurance procured by
or on behalf of the principal prior to the creation of the agency which insures either the
principal or any other person, without regard to whether the principal is or is not a
beneficiary thereunder; (2) to procure new, different or additional contracts of insurance
on the life of the principal or protecting the principal with respect to ill-health,
disability, accident or liability of any sort; to select the amount, the type of insurance
contract and the mode of payment under each such policy; to pay the premium or assessment
on, modify, rescind, release or terminate any contract so procured by the agent, and to
designate the beneficiary of any such contract of insurance, provided no agent shall be
such beneficiary unless such agent is the spouse, child, grandchild, parent, brother or
sister of the principal; (3) to apply for and receive any available loan on the security
of the contract of insurance, whether for the payment of a premium or for the procuring of
cash; to surrender and thereupon receive the cash surrender value; to exercise any
election as to beneficiary or mode of payment; to change the manner of paying premiums; to
change or to convert the type of insurance contract, with respect to any contract of life,
accident, health, disability or liability insurance as to which the principal has, or
claims to have, any one or more of the powers described in this section, and to change the
beneficiary of any such contract of insurance, provided no agent shall be such new
beneficiary unless such agent is the spouse, child, grandchild, parent, brother or sister
of the principal; (4) to demand, receive or obtain by action, proceeding or otherwise any
money, dividend or other thing of value to which the principal is, or may become, or may
claim to be, entitled as the proceeds of any contract of insurance or of one or more of
the transactions enumerated in this section; to conserve, invest, disburse or utilize
anything so received for purposes enumerated in this section, and to be reimbursed for any
expenditures properly made by him in the execution of the powers conferred on him by the
statutory short form power of attorney; (5) to apply for and procure any available
governmental aid in the guaranteeing or paying of premiums of any contract of insurance on
the life of the principal; (6) to sell, assign, hypothecate, borrow upon or pledge the
interest of the principal in any contract of insurance; (7) to pay, from such proceeds or
otherwise, compromise or contest, and apply for refunds in connection with, any tax or
assessment levied by a taxing authority with respect to any contract of insurance or the
proceeds thereof or liability accruing by reason of such tax or assessment; (8) to agree
and contract, in any manner, and with any person and on any terms, which the agent may
select for the accomplishment of any of the purposes enumerated in this section, and to
perform, rescind, reform, release or modify any such agreement or contract; (9) to
execute, acknowledge, seal and deliver any consent, demand, request, application,
agreement, indemnity, authorization, assignment, pledge, notice, check, receipt, waiver or
other instrument which the agent deems useful for the accomplishment of any of the
purposes enumerated in this section; (10) to continue, procure, pay the premium or
assessment on, modify, rescind, release, terminate or otherwise deal with any contract of
insurance, other than those enumerated in subdivisions (1) and (2) of this section,
whether fire, marine, burglary, compensation, disability, liability, hurricane, casualty,
or other type, or any combination of insurance; to do any act or acts with respect to any
such contract or with respect to its proceeds or enforcement which the agent deems to be
desirable or necessary for the promotion or protection of the interests of the principal;
(11) to prosecute, defend, submit to arbitration, settle and propose or accept a
compromise with respect to any claim existing in favor of, or against, the principal based
on or involving any insurance transaction or to intervene in any action or proceeding
relating thereto; (12) to hire, discharge and compensate any attorney, accountant, expert
witness or other assistant or assistants when the agent deems such action to be desirable
for the proper execution by him of any of the powers described in this section and for the
keeping of needed records thereof, and (13) in general, and in addition to all the
specific acts in this section enumerated, to do any other act or acts, which the principal
can do through an agent, in connection with procuring, supervising, managing, modifying,
enforcing and terminating contracts of insurance in which the principal is the insured or
is otherwise in any way interested. All powers described in this section shall be
exercisable with respect to any contract of insurance in which the principal is in any way
interested, whether made in the state of Connecticut or elsewhere.
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§ 1-50.
Estate transactions
In a statutory short form power of attorney, the language
conferring general authority with respect to "estate transactions" shall be
construed to mean that the principal authorizes the agent: (1) To the extent that an agent
is permitted by law thus to act for a principal, to apply for and procure, in the name of
the principal, letters of administration, letters testamentary, letters of trusteeship, or
any other type of authority, either judicial or administrative; to act as a fiduciary of
any sort; (2) to the extent that an agent is permitted by law thus to act for a principal,
to represent and act for the principal in all ways and in all matters affecting any estate
of a decedent, absentee, infant or incompetent, or any trust or other fund, out of which
the principal is entitled, or claims to be entitled, to some share or payment, or with
respect to which the principal is a fiduciary; (3) to accept, reject, receive, receipt
for, sell, assign, release, pledge, exchange or consent to a reduction in or [FN1]
modification of, any share in or payment from any estate, trust or other fund; (4) to
demand, obtain by action, proceeding or otherwise any money, or other thing of value to
which the principal is, or may become, or may claim to be, entitled by reason of the death
testate or intestate of any person or of any testamentary disposition or of any trust or
by reason of the administration of the estate of a decedent or absentee or of the
guardianship of an infant or incompetent or the administration of any trust or other fund;
to initiate, participate in and oppose any proceeding, judicial or otherwise, for the
ascertainment of the meaning, validity or effect of any deed, will, declaration of trust
or other transaction affecting in any way the interest of the principal; to initiate,
participate in and oppose any proceeding, judicial or otherwise, for the removal,
substitution or surcharge of a fiduciary; to conserve, invest, disburse or utilize
anything so received for the purposes enumerated in this section, and to be reimbursed for
any expenditures properly made by him in the execution of the powers conferred on him by
the statutory short form power of attorney; (5) to prepare, sign, file and deliver all
reports, compilations of information, returns or papers with respect to any interest had
or claimed by or on behalf of the principal in any estate, trust or other fund; to pay,
compromise or contest, and apply for refunds in connection with, any tax or assessment,
with respect to any interest had or claimed by or on behalf of the principal in any
estate, trust or other fund or by reason of the death of any person, or with respect to
any property in which such interest is had or claimed; (6) to agree and contract, in any
manner, and with any person and on any terms, which the agent may select, for the
accomplishment of the purposes enumerated in this section, and to perform, rescind,
reform, release or modify any such agreement or contract or any other similar agreement or
contract made by or on behalf of the principal; (7) to execute, acknowledge, verify, seal,
file and deliver any consent, designation, pleading, notice, demand, election, conveyance,
release, assignment, check, pledge, waiver, admission of service, notice of appearance or
other instrument which the agent deems useful for the accomplishment of any of the
purposes enumerated in this section; (8) to submit to arbitration or settle, and to
propose or accept a compromise with respect to, any controversy or claim which affects the
estate of a decedent, absentee, infant or incompetent, or the administration of a trust or
other fund, in any one of which the principal has, or claims to have, an interest, and to
do any and all acts which the agent deems desirable or necessary in effectuating such
compromise; (9) to hire, discharge and compensate any attorney, accountant, expert witness
or other assistant or assistants, when the agent deems such action to be desirable for the
proper execution by him of any of the powers described in this section, and for the
keeping of needed records thereof, and (10) in general, and in addition to all the
specific acts in this section enumerated, to do any other act or acts, which the principal
can do through an agent, with respect to the estate of a decedent, absentee, infant or
incompetent, or the administration of a trust or other fund, in any one of which the
principal has, or claims to have, an interest, or with respect to which the principal is a
fiduciary. All powers described in this section shall be exercisable equally with respect
to any estate of a decedent, absentee, infant or incompetent, or the administration of any
trust or other fund, in which the principal is interested at the giving of the power of
attorney or may thereafter become interested, and whether located in the state of
Connecticut or elsewhere.
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§ 1-51.
Claims and litigation
In a statutory short form power of attorney, the language
conferring general authority with respect to claims and litigation shall be construed to
mean that the principal authorizes the agent: (1) To assert and prosecute before any
court, administrative board, department, commissioner or other tribunal any cause of
action, claim, counterclaim, offset or defense, which the principal has, or claims to
have, against any individual, partnership, association, corporation, limited liability
company, government, or other person or instrumentality, including, but not limited to,
power to sue for the recovery of land or of any other thing of value, for the recovery of
damages sustained by the principal in any manner, for the elimination or modification of
tax liability, for an injunction, for specific performance, or for any other relief; (2)
to bring an action of interpleader or other action to determine adverse claims; to
intervene or interplead in any action or proceeding, and to act in any litigation as
amicus curiae; (3) in connection with any action or proceeding or controversy, at law or
otherwise, to apply for and, if possible, procure a libel, an attachment, a garnishment,
an order of arrest or other preliminary, provisional or intermediate relief and to resort
to and utilize in all ways permitted by law any available procedure for the effectuation
or satisfaction of the judgment, order or decree obtained; (4) in connection with any
action or proceeding, at law or otherwise, to perform any act which the principal might
perform, including, but not limited to, acceptance of tender, offer of judgment, admission
of any facts, submission of any controversy on an agreed statement of facts, consent to
examination before trial, and generally to bind the principal in the conduct of any
litigation or controversy as seems desirable to the agent; (5) to submit to arbitration,
settle, and propose or accept a compromise with respect to, any claim existing in favor of
or against the principal, or any litigation to which the principal is or may become or be
designated a party; (6) to waive the issuance and service of a summons, citation or other
process upon the principal; to accept service of process; to appear for the principal; to
designate persons upon whom process directed to the principal may be served; to execute
and file or deliver stipulations on the principal's behalf; to verify pleadings; to appeal
to appellate tribunals; to procure and give surety and indemnity bonds at such times and
to such extent as the agent deems desirable or necessary; to contract and pay for the
preparation and printing of records and briefs; to receive and execute and file or deliver
any consent, waiver, release, confession of judgment, satisfaction of judgment, notice,
agreement or other instrument which the agent deems desirable or necessary in connection
with the prosecution, settlement or defense of any claim by or against the principal or of
any litigation to which the principal is or may become or be designated a party; (7) to
appear for, represent and act for the principal with respect to bankruptcy or insolvency
proceedings, whether voluntary or involuntary, whether of the principal or of some other
person, with respect to any reorganization proceeding, or with respect to any receivership
or application for the appointment of a receiver or trustee which, in any way, affects any
interest of the principal in any land, chattel, bond, share, commodity interest, chose in
action or other thing of value; (8) to hire, discharge and compensate any attorney,
accountant, expert witness or other assistant or assistants when the agent deems such
action to be desirable for the proper execution by him of any of the powers described in
this section; (9) to pay, from funds in his control or for the account of the principal,
any judgment against the principal or any settlement which may be made in connection with
any transaction enumerated in this section, and to receive and conserve any moneys or
other things of value paid in settlement of or as proceeds of one or more of the
transactions enumerated in this section, and to receive and endorse checks and to deposit
the same, and (10) in general, and in addition to all the specific acts in this section
enumerated, to do any other act or acts, which the principal can do through an agent, in
connection with any claim by or against the principal or with litigation to which the
principal is or may become or be designated a party. All powers described in this section
shall be exercisable equally with respect to any claim or litigation existing at the
giving of the power of attorney or thereafter arising, and whether arising in the state of
Connecticut or elsewhere.
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§ 1-52.
Personal relationships
In a statutory short form power of attorney, the language
conferring general authority with respect to personal relationships shall be construed to
mean that the principal authorizes the agent: (1) To do all acts necessary for maintaining
the customary standard of living of the spouse and children and other dependents of the
principal, including, but not limited to, power to provide living quarters by purchase,
lease or by other contract, or by payment of the operating costs, including interest,
amortization payments, repairs and taxes, of premises owned by the principal and occupied
by his family or dependents, to provide normal domestic help for the operation of the
household; to provide usual vacations and usual travel expenses; to provide usual
educational facilities, and to provide funds for all the current living costs of such
spouse, children and other dependents, including, among other things, shelter, clothing,
food and incidentals; (2) to provide, whenever necessary, medical, dental and surgical
care, hospitalization and custodial care for the spouse, children and other dependents of
the principal; (3) to continue whatever provision has been made by the principal, prior to
the creation of the agency or thereafter, for his spouse, children and other dependents,
with respect to automobiles, or other means of transportation, including, but not limited
to, power to license, insure and replace any automobiles owned by the principal and
customarily used by the spouse, children or other dependents of the principal; (4) to
continue whatever charge accounts have been operated by the principal, prior to the
creation of the agency or thereafter, for the convenience of his spouse, children or other
dependents; to open such new accounts as the agent deems desirable for the accomplishment
of any of the purposes enumerated in this section, and to pay the items charged on such
accounts by any person authorized or permitted by the principal to make such charges prior
to the creation of the agency; (5) to continue the discharge of any services or duties
assumed by the principal, prior to the creation of the agency or thereafter, to any
parent, relative or friend of the principal; (6) to supervise and enforce, defend or
settle any claim by or against the principal arising out of property damages or personal
injuries suffered by or caused by the principal, or under such circumstances that the loss
resulting therefrom will, or may, fall on the principal; (7) to continue payments
incidental to the membership or affiliation of the principal in any church, club, society,
order or other organization or to continue contributions thereto; (8) to demand, receive
or obtain by action, proceeding or otherwise any money or other thing of value to which
the principal is, or may become, or may claim to be, entitled as salary, wages, commission
or other remuneration for services performed, or as a dividend or distribution upon any
stock, or as interest or principal upon any indebtedness, or any periodic distribution of
profits from any partnership or business in which the principal has or claims an interest,
and to endorse, collect or otherwise realize upon any instrument for the payment so
received; (9) to prepare, execute and file all tax, social security, unemployment
insurance and information returns required by the laws of the United States or of any
state or subdivision thereof, or of any foreign government; to prepare, execute and file
all other papers and instruments which the agent deems desirable or necessary for the
safeguarding of the principal against excess or illegal taxation or against penalties
imposed for claimed violation of any law or other governmental regulation, and to pay, to
compromise, to contest or to apply for refunds in connection with any taxes or assessments
for which the principal is or may be liable; (10) to utilize any asset of the principal
for the performance of the powers enumerated in this section, including, but not limited
to, power to draw money by check or otherwise from any bank deposit of the principal; sell
any land, chattel, bond, share, commodity interest, chose in action or other asset of the
principal; borrow money and pledge as security for such loan, any asset, including
insurance, which belongs to the principal; (11) to execute, acknowledge, verify, seal,
file and deliver any application, consent, petition, notice, release, waiver, agreement or
other instrument which the agent deems useful for the accomplishment of any of the
purposes enumerated in this section; (12) to prosecute, defend, submit to arbitration,
settle, and propose or accept a compromise with respect to, any claim existing in favor
of, or against, the principal based on or involving any transaction enumerated in this
section or to intervene in any action or proceeding relating thereto; (13) to hire,
discharge and compensate any attorney, accountant, expert witness or other assistant or
assistants when the agent deems such action to be desirable for the proper execution by
him of any of the powers described in this section, and for the keeping of needed records
thereof, and (14) in general, and in addition to all the specific acts in this section
enumerated, to do any other act or acts, which the principal can do through an agent, for
the welfare of the spouse, children or dependents of the principal or for the preservation
and maintenance of the other personal relationships of the principal to parents,
relatives, friends and organizations. All powers described in this section shall be
exercisable equally whether the acts required for their execution relate to real or
personal property owned by the principal at the giving of the power of attorney or
thereafter acquired and whether such acts are performable in the state of Connecticut or
elsewhere.
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§
1-53. Benefits from military service
In a statutory short form power of attorney, the language
conferring general authority with respect to benefits from military service shall be
construed to mean that the principal authorizes the agent: (1) To execute vouchers in the
name of the principal for any allowances and reimbursements payable by the United States,
or by any state or subdivision thereof, to the principal, including, but not limited to,
all allowances and reimbursements for transportation of the principal and of his
dependents, and for shipment of household effects; to receive, endorse and collect the
proceeds of any check payable to the order of the principal drawn on the treasurer or
other fiscal officer or depositary of the United States or of any state or subdivision
thereof; (2) to take possession and order the removal and shipment of any property of the
principal from any post, warehouse, depot, dock or other place of storage or safekeeping,
either governmental or private; to execute and deliver any release, voucher, receipt, bill
of lading, shipping ticket, certificate or other instrument which the agent deems to be
desirable or necessary for such purpose; (3) to prepare, file and prosecute the claim of
the principal to any benefit or assistance, financial or otherwise, to which the principal
is, or claims to be, entitled, under the provisions of any statute or regulation existing
at the creation of the agency or thereafter enacted by the United States or by any state
or by any subdivision thereof, or by any foreign government, which benefit or assistance
arises from or is based upon military service performed prior to or after the creation of
the agency by the principal or by any person related by blood or by marriage to the
principal; to execute any receipt or other instrument which the agent deems desirable or
necessary for the enforcement or for the collection of such claim; (4) to receive the
financial proceeds of any claim of the type described in this section; to conserve,
invest, disburse or utilize any proceeds so received for purposes enumerated in this
section, and to be reimbursed for any expenditures properly made by him in the execution
of the powers conferred on him by the statutory short form power of attorney; (5) to
prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with
respect to, any claim existing in favor of, or against, the principal based on or
involving any benefits from military service, or to intervene in any action or proceeding
relating thereto; (6) to hire, discharge and compensate any attorney, accountant, expert
witness, or other assistant or assistants when the agent deems such action to be desirable
for the proper execution by him of any of the powers described in this section, and (7) in
general, and in addition to all the specific acts in this section enumerated, to do any
other act or acts, which the principal can do through an agent, and which the agent deems
desirable or necessary, to assure to the principal, and to the dependents of the
principal, the maximum possible benefit from the military service performed prior to or
after the creation of the agency by the principal or by any person related by blood or
marriage to the principal. All powers described in this section shall be exercisable
equally with respect to any benefits from military service existing at the giving of the
power of attorney or thereafter accruing, and whether accruing in the state of Connecticut
or elsewhere.
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§
1-54. Records, reports and statements
In a statutory short form power of attorney, the language
conferring general authority with respect to records, reports and statements shall be
construed to mean that the principal authorizes the agent: (1) To keep records of all cash
received and disbursed for or on account of the principal, of all credits and debits to
the account of the principal and of all transactions affecting in any way the assets and
liabilities of the principal; (2) to prepare, execute and file all tax, social security,
unemployment insurance and information returns, required by the laws of the United States,
of any state or of any subdivision thereof or of any foreign government; to prepare,
execute and file all other papers and instruments which the agent deems desirable or
necessary for the safeguarding of the principal against excess or illegal taxation or
against penalties imposed for claimed violation of any law or other governmental
regulation; (3) to prepare, execute and file any record, report or statement, which the
agent deems desirable or necessary for the safeguarding or maintenance of the principal's
interest, with respect to price, rent, wage or rationing control, or other governmental
activity; (4) to hire, discharge and compensate any attorney, accountant, or other
assistant or assistants when the agent deems such action to be desirable for the proper
execution by him of any of the powers described in this section, and (5) in general, and
in addition to all the specific acts in this section enumerated, to do any other act or
acts, which the principal can do through an agent, in connection with the preparation,
execution, filing, storage or other utilization of any records, reports or statements of
or concerning the principal's affairs. All powers described in this section shall be
exercisable equally with respect to any records, reports or statements of or concerning
the affairs of the principal existing at the giving of the power of attorney or thereafter
arising, and whether arising in the state of Connecticut or elsewhere.
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§ 1-54a.
Health care decisions
In a statutory short form power of attorney, the language
conferring general authority with respect to health care decisions shall be construed to
mean that the principal, who, in the judgment of the attending physician, is unable to
receive and effectively evaluate information pertaining to any health care decision, or to
effectively and rationally communicate such decisions, authorizes the agent to consent to,
refuse to consent to, or withdraw consent to any medical treatment other than that
designed solely for the purpose of maintaining physical comfort, the withdrawal of life
support systems or the withdrawal of nutrition or hydration. Nothing in the language
conferring general authority with respect to health care decisions shall be construed to
authorize the agent to take any action which would render void a document executed by the
principal in accordance with section 19a-575 and section 19a- 575a.
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§
1-55. General authority of agent
In a statutory short form power of attorney, the language
conferring general authority with respect to all other matters shall be construed to mean
that the principal authorizes the agent to act as an alter ego of the principal with
respect to any matters and affairs not enumerated in sections 1-44 to 1-54a, inclusive,
and which the principal can do through an agent.
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§ 1-56. Additional
provisions authorized in form
A power of attorney which satisfies the requirements of
subsection (b) of section 1-43 is not prevented from being a statutory short form power of
attorney, as that phrase is used in the sections of this chapter, by the fact that it also
contains additional language which: (1) Eliminates from the power of attorney one or more
of the powers enumerated in one or more of the constructional sections of this chapter
with respect to a subdivision of the statutory short form power of attorney not eliminated
therefrom by the principal; (2) supplements one or more of the powers enumerated in one or
more of the constructional sections in this chapter with respect to a subdivision of the
statutory short form power of attorney not eliminated therefrom by the principal, by
specifically listing additional powers of the agent, or (3) makes some additional
provision which is not inconsistent with the other provisions of the statutory short form
power of attorney.
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§
1-56h. Springing power of attorney. Effective upon written affidavit re: occurrence of
specified contingency
(a) A power of attorney executed pursuant to sections 1-43
and 1-56h to 1-56k, inclusive, shall be known as a springing power of attorney.
(b) A power of attorney duly acknowledged in accordance
with section 1-43 may take effect upon the occurrence of a specified contingency,
including a date certain or the occurrence of an event, provided the instrument requires
that a person named in the instrument execute a written affidavit that such contingency
has occurred. A power of attorney limited as provided in this subsection shall be a
springing power of attorney and shall take effect upon the written affidavit of the person
named in the instrument that the specified contingency has occurred.
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§
1-56i. Form of written affidavit re occurrence of specified contingency
The written affidavit referred to in section 1-56h 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: ...
§
1-56j. Power of attorney to cease if conservator of estate is appointed
If a conservator of the estate of the principal is
appointed, the power of attorney shall cease at the time of the appointment and the person
acting under the power of attorney shall account to the conservator rather than to the
principal.
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§
1-56k. Probate court to resolve disputes re provisions concerning springing power of
attorney
The probate court for the district in which the principal
is domiciled or is located at the time of the dispute shall have jurisdiction over any
dispute concerning the meaning or application of any provision of sections 1-43 and 1- 56h
to 1-56j, inclusive.
§
45a-175. Jurisdiction of accounts of fiduciaries. Appointment of auditor to examine
accounts, when
(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 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 subsection (c) of this section 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 subsection (c) of this
section, "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) The action to submit an accounting to the court,
whether by an inter vivos trustee or attorney 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) 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) Upon the allowance of any such account, the court
shall determine the rights of the fiduciaries or the attorney-in-fact rendering the
account and of the parties interested in the account, 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) 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.
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