Connecticut 2014 Regular Session

Connecticut House Bill HB05215 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	General Assembly Substitute Bill No. 5215
2		-	February Session, 2014 _____HB05215JUD___040214____
	1	+	General Assembly Raised Bill No. 5215
	2	+	February Session, 2014 LCO No. 1107
	3	+	01107_______JUD
	4	+	Referred to Committee on JUDICIARY
	5	+	Introduced by:
	6	+	(JUD)
3	7
4	8		General Assembly
5	9
6		-	~~Substitute~~ Bill No. 5215
	10	+	Raised Bill No. 5215
7	11
8	12		February Session, 2014
9	13
10		-	_____HB05215JUD___040214____
	14	+	LCO No. 1107
	15	+
	16	+	01107_______JUD
	17	+
	18	+	Referred to Committee on JUDICIARY
	19	+
	20	+	Introduced by:
	21	+
	22	+	(JUD)
11	23
12	24		AN ACT CONCERNING ADOPTION OF THE CONNECTICUT UNIFORM POWER OF ATTORNEY ACT.
13	25
14	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
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16		-	Section 1. (NEW) (Effective October 1, 2014) ~~Sections 1 to 45, inclusive, of~~ this act may be cited as the "Connecticut Uniform Power of Attorney Act."
	28	+	Section 1. (NEW) (Effective October 1, 2014) This act may be cited as the "Connecticut Uniform Power of Attorney Act."
17	29
18	30		Sec. 2. (NEW) (Effective October 1, 2014) As used in sections 1 to 45, inclusive, of this act:
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20	32		(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.
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22	34		(2) "Durable" means, with respect to a power of attorney, not terminated by the principal's incapacity.
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24	36		(3) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
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26	38		(4) "Good faith" means honesty in fact.
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28	40		(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:
29	41
30	42		(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
31	43
32	44		(B) Is:
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34	46		(i) missing;
35	47
36	48		(ii) detained, including incarcerated in a penal system; or
37	49
38	50		(iii) outside the United States and unable to return.
39	51
40	52		(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.
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42	54		(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.
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44	56		(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.
45	57
46	58		(9) "Principal" means an individual who grants authority to an agent in a power of attorney.
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48	60		(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.
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50	62		(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.
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52	64		(12) "Sign" means, with present intent to authenticate or adopt a record to:
53	65
54	66		(A) Execute or adopt a tangible symbol; or
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56	68		(B) Attach to or logically associate with the record an electronic sound, symbol or process.
57	69
58	70		(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.
59	71
60	72		(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.
61	73
62	74		Sec. 3. (NEW) (Effective October 1, 2014) The provisions of sections 1 to 45, inclusive, of this act apply to all powers of attorney except:
63	75
64	76		(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;
65	77
66	78		(2) A power to make health care decisions;
67	79
68	80		(3) A proxy or other delegation to exercise voting rights or management rights with respect to an entity; and
69	81
70	82		(4) A power created on a form prescribed by a government or governmental subdivision, agency or instrumentality for a governmental purpose.
71	83
72	84		Sec. 4. (NEW) (Effective October 1, 2014) A power of attorney created under sections 1 to 45, inclusive, of this act is durable unless it expressly provides that it is terminated by the incapacity of the principal.
73	85
74	86		Sec. 5. (NEW) (Effective October 1, 2014) 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.
75	87
76	88		Sec. 6. (NEW) (Effective October 1, 2014) (a) A power of attorney executed in this state on or after October 1, 2014, is valid if its execution complies with section 5 of this act.
77	89
78	90		(b) A power of attorney executed in this state before October 1, 2014, is valid if its execution complied with the law of this state as it existed at the time of execution.
79	91
80	92		(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:
81	93
82	94		(1) The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to section 7 of this act; or
83	95
84	96		(2) The requirements for a military power of attorney pursuant to 10 USC 1044b, as amended from time to time.
85	97
86	98		(d) Except as otherwise provided by statute, other than sections 1 to 45, 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.
87	99
88	100		Sec. 7. (NEW) (Effective October 1, 2014) 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.
89	101
90	102		Sec. 8. (NEW) (Effective October 1, 2014) (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.
91	103
92	104		(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 agent is accountable to the fiduciary as well as to the principal. The power of attorney is not terminated and the agent's authority continues unless limited, suspended or terminated by the court.
93	105
94	106		Sec. 9. (NEW) (Effective October 1, 2014) (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.
95	107
96	108		(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.
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98	110		(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:
99	111
100	112		(1) A physician that the principal is incapacitated within the meaning set forth in subparagraph (A) of subdivision (5) of section 2 of this act; or
101	113
102	114		(2) An attorney at law, 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 2 of this act.
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104	116		(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.
105	117
106	118		(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:
107	119
108	120		AFFIDAVIT THAT POWER OF ATTORNEY IS IN FULL FORCE AND EFFECT
109	121
110	122		STATE OF )
111	123
112	124		) SS:
113	125
114	126		COUNTY OF )
115	127
116	128		I, .... of ...., being duly sworn, depose and say:
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118	130		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;
119	131
120	132		THAT specified contingency was: ....
121	133
122	134		THAT specified contingency has occurred.
123	135
124	136		IN WITNESS WHEREOF, I have hereunto set my hand and seal.
125	137
126	138		.... L.S.
127	139
128	140		....
129	141
130	142		Witness
131	143
132	144		....
133	145
134	146		Witness
135	147
136	148		Subscribed and sworn to before me this .... day of ...., 20...
137	149
138	150		....
139	151
140	152		Commissioner of the Superior Court
141	153
142	154		Notary Public
143	155
144	156		My commission expires: ....
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146	158		Sec. 10. (NEW) (Effective October 1, 2014) (a) A power of attorney terminates when:
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148	160		(1) The principal dies;
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150	162		(2) The principal becomes incapacitated, if the power of attorney is not durable;
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152	164		(3) The principal revokes the power of attorney;
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154	166		(4) The power of attorney provides that it terminates;
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156	168		(5) The purpose of the power of attorney is accomplished;
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158	170		(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
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160	172		(7) the power of attorney is terminated by a court pursuant to subsection (b) of section 8 of this act.
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162	174		(b) An agent's authority terminates when:
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164	176		(1) The principal revokes the authority;
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166	178		(2) A court terminates the agent's authority pursuant to subsection (b) of section 8 of this act;
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168	180		(3) The agent dies or resigns;
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170	182		(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:
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172	184		(A) Within the meaning set forth in subparagraph (A) of subdivision (5) of section 2 of this act, by:
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174	186		(i) A judge in a court proceeding;
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176	188		(ii) A physician; or
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178	190		(iii) A successor agent, designated in accordance with section 11 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
179	191
180	192		(B) Within the meaning set forth in subparagraph (B) of subdivision (5) of section 2 of this act, by an attorney at law, a judge or an appropriate governmental official.
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182	194		(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
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184	196		(6) The power of attorney terminates.
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186	198		(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.
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188	200		(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.
189	201
190	202		(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.
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192	204		(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.
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194	206		Sec. 11. (NEW) (Effective October 1, 2014) (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.
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196	208		(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:
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198	210		(1) Has the same authority as that granted to the original agent; and
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200	212		(2) May not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve or have declined to serve.
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202	214		(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.
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204	216		(d) 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.
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206	218		Sec. 12. (NEW) (Effective October 1, 2014) 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.
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208	220		Sec. 13. (NEW) (Effective October 1, 2014) 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.
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210	222		Sec. 14. (NEW) (Effective October 1, 2014) (a) Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall:
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212	224		(1) Act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest;
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214	226		(2) Act in good faith; and
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216	228		(3) Act only within the scope of authority granted in the power of attorney.
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218	230		(b) Unless the power of attorney otherwise provides, an agent that has accepted appointment shall:
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220	232		(1) Act loyally for the principal's benefit;
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222	234		(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;
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224	236		(3) Act with the care, competence and diligence ordinarily exercised by agents in similar circumstances;
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226	238		(4) Keep a record of all receipts, disbursements and transactions made on behalf of the principal;
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228	240		(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
229	241
230	242		(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:
231	243
232	244		(A) The value and nature of the principal's property;
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234	246		(B) The principal's foreseeable obligations and need for maintenance;
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236	248		(C) Minimization of taxes, including income, estate, inheritance, generation skipping transfer and gift taxes; and
237	249
238	250		(D) Eligibility for a benefit, a program or assistance under a federal or state statute or regulation.
239	251
240	252		(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.
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242	254		(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.
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244	256		(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.
245	257
246	258		(f) Absent a breach of duty to the principal, an agent is not liable if the value of the principal's property declines.
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248	260		(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.
249	261
250	262		(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 governmental agency 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.
251	263
252	264		Sec. 15. (NEW) (Effective October 1, 2014) 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:
253	265
254	266		(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
255	267
256	268		(2) Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
257	269
258	270		Sec. 16. (NEW) (Effective October 1, 2014) (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:
259	271
260	272		(1) The principal or the agent;
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262	274		(2) A guardian, conservator or other fiduciary acting for the principal;
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264	276		(3) A person authorized to make health care decisions for the principal;
265	277
266	278		(4) The principal's spouse, parent or descendant;
267	279
268	280		(5) An individual who would qualify as a presumptive heir of the principal;
269	281
270		-	(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;
	282	+	(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;
271	283
272	284		(7) A governmental agency having regulatory authority to protect the welfare of the principal;
273	285
274	286		(8) The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and
275	287
276	288		(9) A person asked to accept the power of attorney.
277	289
278	290		(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 2 of this act.
279	291
280		-	Sec. 17. (NEW) (Effective October 1, 2014) An agent that violates ~~sections 1 to 45, inclusive, of~~ this act is liable to the principal or the principal's successors in interest for the amount required to:
	292	+	Sec. 17. (NEW) (Effective October 1, 2014) An agent that violates this act is liable to the principal or the principal's successors in interest for the amount required to:
281	293
282	294		(1) Restore the value of the principal's property to what it would have been had the violation not occurred; and
283	295
284	296		(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.
285	297
286	298		Sec. 18. (NEW) (Effective October 1, 2014) 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:
287	299
288	300		(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
289	301
290	302		(2) If there is no person described in subdivision (1) of this section, to:
291	303
292	304		(A) A person reasonably believed by the agent to have sufficient interest in the principal's welfare; or
293	305
294	306		(B) A governmental agency having authority to protect the welfare of the principal.
295	307
296	308		Sec. 19. (NEW) (Effective October 1, 2014) (a) For purposes of this section and section 20 of this act, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgements.
297	309
298	310		(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 5 of this act that the signature is genuine.
299	311
300	312		(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.
301	313
302	314		(d) A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation:
303	315
304	316		(1) An agent's certification under penalty of perjury of any factual matter concerning the principal, agent or power of attorney;
305	317
306	318		(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
307	319
308	320		(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.
309	321
310	322		(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.
311	323
312	324		(f) For purposes of this section and section 20 of this act, a person that conducts activities through employees and has implemented commercially reasonable standards to communicate information regarding powers of attorney among its employees is without actual knowledge of a fact relating to a power of attorney, a principal or an agent if the employee conducting the transaction involving the power of attorney has followed such standards and nonetheless is without actual knowledge of the fact.
313	325
314	326		Sec. 20. (NEW) (Effective October 1, 2014) (a) Except as provided in subsection (b) of this section:
315	327
316	328		(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 19 of this act not later than seven business days after presentation of the power of attorney for acceptance;
317	329
318	330		(2) If a person requests a certification, a translation, or an opinion of counsel under subsection (d) of section 19 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
319	331
320	332		(3) A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.
321	333
322	334		(b) A person is not required to accept an acknowledged power of attorney if:
323	335
324	336		(1) The person is not otherwise required to engage in a transaction with the principal in the same circumstances;
325	337
326	338		(2) Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with state or federal law;
327	339
328	340		(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;
329	341
330	342		(4) A request for a certification, a translation, or an opinion of counsel under subsection (d) of section 19 of this act is refused;
331	343
332	344		(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 19 of this act has been requested or provided; or
333	345
334	346		(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.
335	347
336	348		(c) A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to:
337	349
338	350		(1) An order by a probate court or by a court of general jurisdiction mandating acceptance of the power of attorney; and
339	351
340	352		(2) Liability for reasonable attorney's fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.
341	353
342	354		Sec. 21. (NEW) (Effective October 1, 2014) Unless displaced by a provision of sections 1 to 45, inclusive, of this act, the principles of law and equity supplement the provisions of sections 1 to 45, inclusive, of this act.
343	355
344	356		Sec. 22. (NEW) (Effective October 1, 2014) The provisions of sections 1 to 45, 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 1 to 45, inclusive, of this act.
345	357
346	358		Sec. 23. (NEW) (Effective October 1, 2014) The remedies under sections 1 to 45, inclusive, of this act are not exclusive and do not abrogate any right or remedy under the law of this state, other than sections 1 to 45, inclusive, of this act.
347	359
348	360		Sec. 24. (NEW) (Effective October 1, 2014) (a) An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:
349	361
350	362		(1) Create, amend, revoke, or terminate an inter vivos trust;
351	363
352	364		(2) Make a gift;
353	365
354	366		(3) Create or change rights of survivorship;
355	367
356	368		(4) Create or change a beneficiary designation;
357	369
358	370		(5) Delegate authority granted under the power of attorney;
359	371
360	372		(6) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan;
361	373
362	374		(7) Exercise fiduciary powers that the principal has authority to delegate; or
363	375
364	376		(8) Disclaim property, including a power of appointment.
365	377
366	378		(b) Notwithstanding a grant of authority to do 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.
367	379
368		-	(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 do all acts that a principal could do, the agent has the general authority described in sections 27 to 39, inclusive, of this act.
	380	+	(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 do all acts that a principal could do, the agent has the general authority described in sections 26 to 38, inclusive, of this act.
369	381
370	382		(d) Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to section 40 of this act.
371	383
372	384		(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.
373	385
374	386		(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.
375	387
376	388		(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.
377	389
378	390		Sec. 25. (NEW) (Effective October 1, 2014) (a) An agent has authority described in sections 24 to 40, 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 27 to 40, inclusive, of this act or cites the section in which the authority is described.
379	391
380	392		(b) A reference in a power of attorney to general authority with respect to the descriptive term for a subject in sections 27 to 40, inclusive, of this act or a citation to a section of sections 27 to 40, inclusive, of this act incorporates the entire section as if it were set out in full in the power of attorney.
381	393
382	394		(c) A principal may modify authority incorporated by reference.
383	395
384	396		Sec. 26. (NEW) (Effective October 1, 2014) Unless the power of attorney otherwise provides, by executing a power of attorney that incorporates by reference a subject described in sections 27 to 40, inclusive, of this act or that grants to an agent authority to do all acts that a principal could do pursuant to subsection (c) of section 24 of this act, a principal authorizes the agent, with respect to that subject, to:
385	397
386	398		(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;
387	399
388	400		(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;
389	401
390	402		(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;
391	403
392	404		(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;
393	405
394	406		(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;
395	407
396	408		(6) Engage, compensate and discharge an attorney, accountant, discretionary investment manager, expert witness or other advisor;
397	409
398	410		(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;
399	411
400	412		(8) Communicate with any representative or employee of a government or governmental subdivision, agency or instrumentality, on behalf of the principal;
401	413
402	414		(9) Access communications intended for, and communicate on behalf of, the principal, whether by mail, electronic transmission, telephone or other means; and
403	415
404	416		(10) Do any lawful act with respect to the subject and all property related to the subject.
405	417
406	418		Sec. 27. (NEW) (Effective October 1, 2014) 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:
407	419
408	420		(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;
409	421
410	422		(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;
411	423
412	424		(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;
413	425
414	426		(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;
415	427
416	428		(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:
417	429
418	430		(A) Insuring against liability or casualty or other loss;
419	431
420	432		(B) Obtaining or regaining possession of or protecting the interest or right by litigation or otherwise;
421	433
422	434		(C) Paying, assessing, compromising or contesting taxes or assessments or applying for and receiving refunds in connection with such taxes or assessments; and
423	435
424	436		(D) Purchasing supplies, hiring assistance or labor and making repairs or alterations to the real property;
425	437
426	438		(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;
427	439
428	440		(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:
429	441
430		-	(A) Selling or otherwise disposing of ~~such stocks, bonds or other property~~;
	442	+	(A) Selling or otherwise disposing of them;
431	443
432		-	(B) Exercising or selling an option, right of conversion or similar right with respect to ~~such stocks, bonds or other property~~; and
	444	+	(B) Exercising or selling an option, right of conversion or similar right with respect to them; and
433	445
434	446		(C) Exercising any voting rights in person or by proxy;
435	447
436	448		(8) Change the form of title of an interest in or right incident to real property; and
437	449
438	450		(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.
439	451
440	452		Sec. 28. (NEW) (Effective October 1, 2014) 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:
441	453
442	454		(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;
443	455
444	456		(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;
445	457
446	458		(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;
447	459
448	460		(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;
449	461
450	462		(5) Manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including:
451	463
452	464		(A) Insuring against liability or casualty or other loss;
453	465
454	466		(B) Obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise;
455	467
456	468		(C) Paying, assessing, compromising or contesting taxes or assessments or applying for and receiving refunds in connection with such taxes or assessments;
457	469
458	470		(D) Moving the property from place to place;
459	471
460	472		(E) Storing the property for hire or on a gratuitous bailment; and
461	473
462	474		(F) Using and making repairs, alterations or improvements to the property; and
463	475
464	476		(6) Change the form of title of an interest in tangible personal property.
465	477
466	478		Sec. 29. (NEW) (Effective October 1, 2014) 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:
467	479
468	480		(1) Buy, sell and exchange stocks and bonds;
469	481
470	482		(2) Establish, continue, modify or terminate an account with respect to stocks and bonds;
471	483
472	484		(3) Pledge stocks and bonds as security to borrow, pay, renew or extend the time of payment of a debt of the principal;
473	485
474	486		(4) Receive certificates and other evidences of ownership with respect to stocks and bonds; and
475	487
476	488		(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.
477	489
478	490		Sec. 30. (NEW) (Effective October 1, 2014) 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:
479	491
480	492		(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
481	493
482	494		(2) Establish, continue, modify and terminate option accounts.
483	495
484	496		Sec. 31. (NEW) (Effective October 1, 2014) 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:
485	497
486	498		(1) Continue, modify and terminate an account or other banking arrangement made by or on behalf of the principal;
487	499
488	500		(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;
489	501
490	502		(3) Contract for services available from a financial institution, including renting a safe deposit box or space in a vault;
491	503
492	504		(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;
493	505
494	506		(5) Receive statements of account, vouchers, notices and similar documents from a financial institution and act with respect to them;
495	507
496	508		(6) Enter a safe deposit box or vault and withdraw or add to the contents;
497	509
498	510		(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;
499	511
500	512		(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;
501	513
502	514		(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;
503	515
504	516		(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
505	517
506	518		(11) Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.
507	519
508	520		Sec. 32. (NEW) (Effective October 1, 2014) 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:
509	521
510	522		(1) Operate, buy, sell, enlarge, reduce, or terminate an ownership interest;
511	523
512	524		(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;
513	525
514	526		(3) Enforce the terms of an ownership agreement;
515	527
516	528		(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;
517	529
518	530		(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;
519	531
520	532		(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;
521	533
522	534		(7) With respect to an entity or business owned solely by the principal:
523	535
524	536		(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;
525	537
526	538		(B) Determine:
527	539
528	540		(i) The location of its operation;
529	541
530	542		(ii) The nature and extent of its business;
531	543
532		-	(iii) The methods of manufacturing, selling, merchandising, financing, accounting and advertising employed in its operation;
	544	+	(iii) The methods of manufacturing, selling, merchandising financing, accounting and advertising employed in its operation;
533	545
534	546		(iv) The amount and types of insurance carried; and
535	547
536	548		(v) The mode of engaging, compensating and dealing with its employees and accountants, attorneys or other advisors;
537	549
538	550		(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
539	551
540	552		(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;
541	553
542	554		(8) Put additional capital into an entity or business in which the principal has an interest;
543	555
544	556		(9) Join in a plan of reorganization, consolidation, conversion, domestication or merger of the entity or business;
545	557
546	558		(10) Sell or liquidate all or part of an entity or business;
547	559
548	560		(11) Establish the value of an entity or business under a buy out agreement to which the principal is a party;
549	561
550	562		(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
551	563
552	564		(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.
553	565
554	566		Sec. 33. (NEW) (Effective October 1, 2014) 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:
555	567
556	568		(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;
557	569
558	570		(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;
559	571
560	572		(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;
561	573
562	574		(4) Apply for and receive a loan secured by a contract of insurance or annuity;
563	575
564	576		(5) Surrender and receive the cash surrender value on a contract of insurance or annuity;
565	577
566	578		(6) Exercise an election;
567	579
568	580		(7) Exercise investment powers available under a contract of insurance or annuity;
569	581
570	582		(8) Change the manner of paying premiums on a contract of insurance or annuity;
571	583
572	584		(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;
573	585
574	586		(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;
575	587
576	588		(11) Collect, sell, assign, hypothecate, borrow against or pledge the interest of the principal in a contract of insurance or annuity;
577	589
578	590		(12) Select the form and timing of the payment of proceeds from a contract of insurance or annuity; and
579	591
580	592		(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.
581	593
582	594		Sec. 34. (NEW) (Effective October 1, 2014) (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.
583	595
584	596		(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:
585	597
586	598		(1) Accept, receive, receipt for, sell, assign, pledge or exchange a share in or payment from an estate, trust or other beneficial interest;
587	599
588	600		(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;
589	601
590	602		(3) Exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal;
591	603
592	604		(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;
593	605
594	606		(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;
595	607
596	608		(6) Conserve, invest, disburse or use anything received for an authorized purpose; and
597	609
598	610		(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.
599	611
600	612		Sec. 35. (NEW) (Effective October 1, 2014) 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:
601	613
602	614		(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;
603	615
604	616		(2) Bring an action to determine adverse claims or intervene or otherwise participate in litigation;
605	617
606	618		(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;
607	619
608	620		(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;
609	621
610	622		(5) Submit to alternative dispute resolution, settle and propose or accept a compromise;
611	623
612	624		(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;
613	625
614	626		(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;
615	627
616	628		(8) Pay a judgment, award or order against the principal or a settlement made in connection with a claim or litigation; and
617	629
618	630		(9) Receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
619	631
620	632		Sec. 36. (NEW) (Effective October 1, 2014) (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:
621	633
622	634		(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:
623	635
624	636		(A) The principal's children;
625	637
626	638		(B) Other individuals legally entitled to be supported by the principal; and
627	639
628	640		(C) The individuals whom the principal has customarily supported or indicated the intent to support;
629	641
630	642		(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;
631	643
632	644		(3) Provide living quarters for the individuals described in subdivision (1) of this subsection by:
633	645
634	646		(A) Purchase, lease or other contract; or
635	647
636	648		(B) Paying the operating costs, including interest, amortization payments, repairs, improvements and taxes, for premises owned by the principal or occupied by those individuals;
637	649
638	650		(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;
639	651
640	652		(5) Pay expenses for necessary health care and custodial care on behalf of the individuals described in subdivision (1) of this subsection;
641	653
642	654		(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;
643	655
644	656		(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;
645	657
646	658		(8) Maintain credit and debit accounts for the convenience of the individuals described in subdivision (1) of this subsection and open new accounts; and
647	659
648		-	(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.
	660	+	(9) Continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order or other organization or to continue contributions to those organizations.
649	661
650		-	(b) Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under ~~sections 1 to 45, inclusive, of~~ this act.
	662	+	(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 this act.
651	663
652	664		Sec. 37. (NEW) (Effective October 1, 2014) (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.
653	665
654	666		(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:
655	667
656	668		(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 (a) of subsection (1) of section 36 of this act, and for shipment of their household effects;
657	669
658	670		(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;
659	671
660	672		(3) Enroll in, apply for, select, reject, change, amend or discontinue, on the principal's behalf, a benefit or program;
661	673
662	674		(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;
663	675
664	676		(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
665	677
666	678		(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.
667	679
668	680		Sec. 38. (NEW) (Effective October 1, 2014) (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:
669	681
670	682		(1) An individual retirement account under 26 USC 408, as amended from time to time;
671	683
672	684		(2) A Roth individual retirement account under 26 USC 408A, as amended from time to time;
673	685
674	686		(3) A deemed individual retirement account under 26 USC 408(q), as amended from time to time;
675	687
676	688		(4) An annuity or mutual fund custodial account under 26 USC 403(b), as amended from time to time;
677	689
678	690		(5) A pension, profit sharing, stock bonus or other retirement plan qualified under 26 USC 401(a), as amended from time to time;
679	691
680	692		(6) A plan under 26 USC 457(b), as amended from time to time; and
681	693
682	694		(7) A nonqualified deferred compensation plan under 26 USC 409A, as amended from time to time.
683	695
684	696		(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:
685	697
686	698		(1) Select the form and timing of payments under a retirement plan and withdraw benefits from a plan;
687	699
688	700		(2) Make a rollover, including a direct trustee to trustee rollover, of benefits from one retirement plan to another;
689	701
690	702		(3) Establish a retirement plan in the principal's name;
691	703
692	704		(4) Make contributions to a retirement plan;
693	705
694	706		(5) Exercise investment powers available under a retirement plan; and
695	707
696	708		(6) Borrow from, sell assets to or purchase assets from a retirement plan.
697	709
698	710		Sec. 39. (NEW) (Effective October 1, 2014) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to:
699	711
700	712		(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;
701	713
702	714		(2) Pay taxes due, collect refunds, post bonds, receive confidential information and contest deficiencies determined by the Internal Revenue Service or other taxing authority;
703	715
704	716		(3) Exercise any election available to the principal under federal, state, local or foreign tax law; and
705	717
706	718		(4) Act for the principal in all tax matters for all periods before the Internal Revenue Service, or other taxing authority.
707	719
708	720		Sec. 40. (NEW) (Effective October 1, 2014) (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.
709	721
710	722		(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:
711	723
712	724		(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
713	725
714	726		(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.
715	727
716	728		(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:
717	729
718	730		(1) The value and nature of the principal's property;
719	731
720	732		(2) The principal's foreseeable obligations and need for maintenance;
721	733
722	734		(3) Minimization of taxes, including income, estate, inheritance, generation skipping transfer and gift taxes;
723	735
724	736		(4) Eligibility for a benefit, a program, or assistance under a federal or state statute or regulation; and
725	737
726	738		(5) The principal's personal history of making or joining in making gifts.
727	739
728	740		Sec. 41. (NEW) (Effective October 1, 2014) 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 1 to 45, inclusive, of this act.
729	741
730	742		CONNECTICUT
731	743
732	744		STATUTORY FORM POWER OF ATTORNEY
733	745
734	746		IMPORTANT INFORMATION
735	747
736	748		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.
737	749
738	750		This power of attorney does not authorize the agent to make health care decisions for you.
739	751
740	752		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.
741	753
742	754		Your agent is entitled to reasonable compensation unless you state otherwise in the special instructions.
743	755
744	756		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.
745	757
746	758		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.
747	759
748	760		This power of attorney becomes effective immediately unless you state otherwise in the special instructions.
749	761
750	762		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.
751	763
752	764		DESIGNATION OF AGENT
753	765
754	766		I____________________________________name the following person
755	767
756	768		(Name of Principal)
757	769
758	770		as my agent:
759	771
760	772		Name of Agent: _____________________________________________
761	773
762	774		Agent's Address: ____________________________________________
763	775
764	776		DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
765	777
766	778		If my agent is unable or unwilling to act for me, I name as my successor agent:
767	779
768	780		Name of Successor Agent:____________________________________
769	781
770	782		Successor Agent's Address:___________________________________
771	783
772	784		If my successor agent is unable or unwilling to act for me, I name as my second successor agent:
773	785
774	786		Name of Second Successor Agent:______________________________
775	787
776	788		Second Successor Agent's Address:_____________________________
777	789
778	790		GRANT OF GENERAL AUTHORITY
779	791
780	792		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 1 to 45, inclusive, of this act:
781	793
782	794		(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.)
783	795
784	796		(___) Real Property
785	797
786	798		(___) Tangible Personal Property
787	799
788	800		(___) Stocks and Bonds
789	801
790	802		(___) Commodities and Options
791	803
792	804		(___) Banks and Other Financial Institutions
793	805
794	806		(___) Operation of Entity or Business
795	807
796	808		(___) Insurance and Annuities
797	809
798	810		(___) Estates, Trusts and Other Beneficial Interests
799	811
800	812		(___) Claims and Litigation
801	813
802	814		(___) Personal and Family Maintenance
803	815
804	816		(___) Benefits from Governmental Programs or Civil or Military Service
805	817
806	818		(___) Retirement Plans
807	819
808	820		(___) Taxes
809	821
810	822		(___) All Preceding Subjects
811	823
812	824		GRANT OF SPECIFIC AUTHORITY (OPTIONAL)
813	825
814	826		My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below:
815	827
816	828		(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.)
817	829
818	830		YOU SHOULD SEEK LEGAL ADVICE BEFORE INCLUDING THE FOLLOWING POWERS.
819	831
820	832		(___) 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.
821	833
822	834		(___) Create or change rights of survivorship
823	835
824	836		(___) Create or change a beneficiary designation
825	837
826	838		(___) Authorize another person to exercise the authority granted under this power of attorney
827	839
828	840		(___) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan
829	841
830	842		(___) Exercise fiduciary powers that the principal has authority to delegate
831	843
832	844		(___) Disclaim or refuse an interest in property, including a power of appointment
833	845
834	846		LIMITATION ON AGENT'S AUTHORITY
835	847
836	848		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.
837	849
838	850		SPECIAL INSTRUCTIONS (OPTIONAL)
839	851
840	852		You may give special instructions on the following lines:
841	853
842	854		________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
843	855
844	856		I approve these special instructions
845	857
846	858		_____________________________________ _______________
847	859
848	860		Your Signature Date
849	861
850	862		EFFECTIVE DATE
851	863
852	864		This power of attorney is effective immediately unless I have stated otherwise in the special instructions.
853	865
854	866		NOMINATION OF CONSERVATOR (OPTIONAL)
855	867
856	868		Initial below if you want to include the following provision(s):
857	869
858	870		(___) 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.
859	871
860	872		(___) 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.
861	873
862	874		RELIANCE ON THIS POWER OF ATTORNEY
863	875
864	876		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.
865	877
866	878		SIGNATURE AND ACKNOWLEDGMENT
867	879
868	880		Signed in the presence of:
869	881
870	882		_________________ ______________________ __________
871	883
872	884		Witness Signature Your Signature Date
873	885
874	886		_________________ ______________________ __________
875	887
876	888		Witness Signature Your Signature Date
877	889
878	890		Your Name Printed
879	891
880	892		____________________________________________
881	893
882	894		____________________________________________
883	895
884	896		Your Address
885	897
886	898		____________________________________________
887	899
888	900		Your Telephone Number
889	901
890	902		State of ______________________________
891	903
892	904		County of___________________________
893	905
894	906		This document was acknowledged before me On ________________,
895	907
896	908		(Date)
897	909
898	910		by______________________________________.
899	911
900	912		(Name of Principal)
901	913
902	914		________________________________________ (Seal, if any)
903	915
904	916		Signature of Commissioner of Superior Court/Notary
905	917
906	918		My commission expires: _________________________
907	919
908	920		IMPORTANT INFORMATION FOR AGENT
909	921
910	922		Agent's Duties
911	923
912	924		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:
913	925
914	926		(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;
915	927
916	928		(2) Act in good faith;
917	929
918	930		(3) Do nothing beyond the authority granted in this power of attorney; and
919	931
920	932		(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:
921	933
922	934		(Principal's Name) by (Your Signature) as Agent
923	935
924	936		Unless the special instructions in this power of attorney state otherwise, you must also:
925	937
926	938		(1) Act loyally for the principal's benefit;
927	939
928	940		(2) Avoid conflicts that would impair your ability to act in the principal's best interest;
929	941
930	942		(3) Act with care, competence, and diligence;
931	943
932	944		(4) Keep a record of all receipts, disbursements, and transactions made on behalf of the principal;
933	945
934	946		(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
935	947
936	948		(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.
937	949
938	950		Termination of Agent's Authority
939	951
940	952		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:
941	953
942	954		(1) Death of the principal;
943	955
944	956		(2) The principal's revocation of the power of attorney or your authority;
945	957
946	958		(3) The occurrence of a termination event stated in the power of attorney;
947	959
948	960		(4) The purpose of the power of attorney is fully accomplished; or
949	961
950	962		(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.
951	963
952	964		Liability of Agent
953	965
954	966		The meaning of the authority granted to you is defined in the Connecticut Uniform Power of Attorney Act, sections 1 to 45, inclusive, of this act. If you violate the Connecticut Uniform Power of Attorney Act, sections 1 to 45, inclusive, of this act or act outside the authority granted, you may be liable for any damages caused by your violation.
955	967
956	968		If there is anything about this document or your duties that you do not understand, you should seek legal advice.
957	969
958	970		Sec. 42. (NEW) (Effective October 1, 2014) The following optional form may be used by an agent to certify facts concerning a power of attorney.
959	971
960	972		AGENT'S CERTIFICATION AS TO THE
961	973
962	974		VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY
963	975
964	976		State of ______________________________
965	977
966	978		County of___________________________
967	979
968	980		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 ________________________.
969	981
970	982		I further certify that to my knowledge:
971	983
972	984		(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;
973	985
974	986		(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;
975	987
976	988		(3) if I was named as a successor agent, the prior agent is no longer able or willing to serve; and
977	989
978	990		(4) ________________________________________________________
979	991
980	992		____________________________________________________________
981	993
982	994		____________________________________________________________
983	995
984	996		____________________________________________________________
985	997
986	998		(Insert other relevant statements)
987	999
988	1000		SIGNATURE AND ACKNOWLEDGMENT
989	1001
990	1002		__________________________________ _______________
991	1003
992	1004		Agent's Signature Date
993	1005
994	1006		____________________________________________
995	1007
996	1008		Agent's Name Printed
997	1009
998	1010		____________________________________________
999	1011
1000	1012		____________________________________________
1001	1013
1002	1014		Agent's Address
1003	1015
1004	1016		____________________________________________
1005	1017
1006	1018		Agent's Telephone Number
1007	1019
1008	1020		This document was acknowledged before me on ______________,
1009	1021
1010	1022		(Date)
1011	1023
1012	1024		by______________________________________.
1013	1025
1014	1026		(Name of Agent)
1015	1027
1016	1028		________________________________________ (Seal, if any)
1017	1029
1018	1030		Signature of Commissioner of Superior Court/Notary
1019	1031
1020	1032		My commission expires: _________________________
1021	1033
1022	1034		Sec. 43. (NEW) (Effective October 1, 2014) In applying and construing the provisions of sections 1 to 45, 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.
1023	1035
1024		-	Sec. 44. (NEW) (Effective October 1, 2014) ~~Sections 1 to 45, 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).
	1036	+	Sec. 44. (NEW) (Effective October 1, 2014) This act modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq., but does 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).
1025	1037
1026	1038		Sec. 45. (NEW) (Effective October 1, 2014) (a) Except as otherwise provided in sections 1 to 45, inclusive, of this act, on October 1, 2014, said sections apply to:
1027	1039
1028	1040		(1) A power of attorney created before, on, or after October 1, 2014;
1029	1041
1030	1042		(2) A judicial proceeding concerning a power of attorney commenced on or after October 1, 2014;
1031	1043
1032	1044		(3) A judicial proceeding concerning a power of attorney commenced before October 1, 2014, unless the court finds that application of a provision of sections 1 to 45, 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
1033	1045
1034	1046		(b) An act performed by an agent under a power of attorney before October 1, 2014, is not affected by sections 1 to 45, inclusive, of this act.
1035	1047
1036	1048		Sec. 46. Subsection (a) of section 45a-98 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
1037	1049
1038	1050		(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, 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, provided such an accounting need not be required, or a power of attorney in accordance with section 16 of this act; (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, 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 1 to 45, inclusive, of this act, to account concerning the estates entrusted to their charge or for other relief as provided in sections 1 to 45, 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.
1039	1051
1040	1052		Sec. 47. Section 45a-175 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
1041	1053
1042	1054		(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.
1043	1055
1044	1056		(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.]
1045	1057
1046	1058		(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.
1047	1059
1048	1060		(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.
1049	1061
1050	1062		(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.
1051	1063
1052	1064		(d) Any of the persons specified in section 16 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 16 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 16 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.
1053	1065
1054	1066		[(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.
1055	1067
1056	1068		[(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.
1057	1069
1058	1070		[(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 17 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.
1059	1071
1060	1072		[(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.
1061	1073
1062	1074		Sec. 48. Subsection (b) of section 45a-645 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
1063	1075
1064	1076		(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 5 of this act, except that any person who is so designated as a conservator shall not qualify as a witness.
1065	1077
1066	1078		Sec. 49. Section 45a-650 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
1067	1079
1068	1080		(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.
1069	1081
1070	1082		(b) The rules of evidence in civil actions adopted by the judges of 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.
1071	1083
1072	1084		(c) 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 this subsection, evidence shall be introduced from one or more physicians licensed to practice medicine in the state who have examined the respondent within forty-five days preceding 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. 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. Any hospital, psychiatric or medical record or report filed with the court pursuant to this subsection shall be confidential.
1073	1085
1074	1086		(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 to the respondent's attorney and, upon request, to the respondent. The court may issue an order for the disclosure of such medical information to any other person as the court determines necessary.
1075	1087
1076	1088		(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.
1077	1089
1078	1090		(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.
1079	1091
1080	1092		(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.
1081	1093
1082	1094		(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.
1083	1095
1084	1096		(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.
1085	1097
1086	1098		(h) The respondent or conserved person may appoint, designate or nominate a conservator pursuant to section 19a-580e, 19a-580g or 45a-645, or may, orally or in writing, nominate a 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, 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.
1087	1099
1088	1100		(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.
1089	1101
1090	1102		(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.
1091	1103
1092	1104		(k) In assigning the duties of a conservator under this section the court may, in accordance with section 8 of this act, limit, suspend or terminate the authority of an agent designated by the conserved person to act under a power of attorney.
1093	1105
1094	1106		[(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.
1095	1107
1096	1108		[(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.
1097	1109
1098	1110		[(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.
1099	1111
1100	1112		Sec. 50. Section 47-5 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
1101	1113
1102	1114		(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.
1103	1115
1104	1116		(b) A document conveying land shall also include the current mailing address of the grantee.
1105	1117
1106	1118		(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:
1107	1119
1108	1120		Name of Owner of Record
1109	1121
1110	1122		By: (Signature of [Attorney-in-Fact] Agent) L.S.
1111	1123
1112	1124		Name of Signatory
1113	1125
1114	1126		His/Her [Attorney-in-Fact] Agent
1115	1127
1116	1128		(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.
1117	1129
1118	1130		Sec. 51. Subsection (c) of section 19a-580f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):
1119	1131
1120	1132		(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, 2013, in effect at the time of its execution.
1121	1133
1122		-	Sec. 52. Sections 1-42 to 1-56, inclusive, of the general statutes and sections 1-56h to 1-56k, inclusive, of the general statutes are repealed. (Effective October 1, 2014)
	1134	+	Sec. 52. Sections 1-42 to 1-56, inclusive, are repealed. (Effective October 1, 2014)
	1135	+
	1136	+	Sec. 53. Sections 1-56h to 1-56k, inclusive, are repealed. (Effective October 1, 2014)
1123	1137
1124	1138
1125	1139
1126	1140
1127	1141		This act shall take effect as follows and shall amend the following sections:
1128	1142		Section 1 October 1, 2014 New section
1129	1143		Sec. 2 October 1, 2014 New section
1130	1144		Sec. 3 October 1, 2014 New section
1131	1145		Sec. 4 October 1, 2014 New section
1132	1146		Sec. 5 October 1, 2014 New section
1133	1147		Sec. 6 October 1, 2014 New section
1134	1148		Sec. 7 October 1, 2014 New section
1135	1149		Sec. 8 October 1, 2014 New section
1136	1150		Sec. 9 October 1, 2014 New section
1137	1151		Sec. 10 October 1, 2014 New section
1138	1152		Sec. 11 October 1, 2014 New section
1139	1153		Sec. 12 October 1, 2014 New section
1140	1154		Sec. 13 October 1, 2014 New section
1141	1155		Sec. 14 October 1, 2014 New section
1142	1156		Sec. 15 October 1, 2014 New section
1143	1157		Sec. 16 October 1, 2014 New section
1144	1158		Sec. 17 October 1, 2014 New section
1145	1159		Sec. 18 October 1, 2014 New section
1146	1160		Sec. 19 October 1, 2014 New section
1147	1161		Sec. 20 October 1, 2014 New section
1148	1162		Sec. 21 October 1, 2014 New section
1149	1163		Sec. 22 October 1, 2014 New section
1150	1164		Sec. 23 October 1, 2014 New section
1151	1165		Sec. 24 October 1, 2014 New section
1152	1166		Sec. 25 October 1, 2014 New section
1153	1167		Sec. 26 October 1, 2014 New section
1154	1168		Sec. 27 October 1, 2014 New section
1155	1169		Sec. 28 October 1, 2014 New section
1156	1170		Sec. 29 October 1, 2014 New section
1157	1171		Sec. 30 October 1, 2014 New section
1158	1172		Sec. 31 October 1, 2014 New section
1159	1173		Sec. 32 October 1, 2014 New section
1160	1174		Sec. 33 October 1, 2014 New section
1161	1175		Sec. 34 October 1, 2014 New section
1162	1176		Sec. 35 October 1, 2014 New section
1163	1177		Sec. 36 October 1, 2014 New section
1164	1178		Sec. 37 October 1, 2014 New section
1165	1179		Sec. 38 October 1, 2014 New section
1166	1180		Sec. 39 October 1, 2014 New section
1167	1181		Sec. 40 October 1, 2014 New section
1168	1182		Sec. 41 October 1, 2014 New section
1169	1183		Sec. 42 October 1, 2014 New section
1170	1184		Sec. 43 October 1, 2014 New section
1171	1185		Sec. 44 October 1, 2014 New section
1172	1186		Sec. 45 October 1, 2014 New section
1173	1187		Sec. 46 October 1, 2014 45a-98(a)
1174	1188		Sec. 47 October 1, 2014 45a-175
1175	1189		Sec. 48 October 1, 2014 45a-645(b)
1176	1190		Sec. 49 October 1, 2014 45a-650
1177	1191		Sec. 50 October 1, 2014 47-5
1178	1192		Sec. 51 October 1, 2014 19a-580f(c)
1179	1193		Sec. 52 October 1, 2014 Repealer section
	1194	+	Sec. 53 October 1, 2014 Repealer section
1180	1195
1181	1196		This act shall take effect as follows and shall amend the following sections:
1182	1197
1183	1198		Section 1
1184	1199
1185	1200		October 1, 2014
1186	1201
1187	1202		New section
1188	1203
1189	1204		Sec. 2
1190	1205
1191	1206		October 1, 2014
1192	1207
1193	1208		New section
1194	1209
1195	1210		Sec. 3
1196	1211
1197	1212		October 1, 2014
1198	1213
1199	1214		New section
1200	1215
1201	1216		Sec. 4
1202	1217
1203	1218		October 1, 2014
1204	1219
1205	1220		New section
1206	1221
1207	1222		Sec. 5
1208	1223
1209	1224		October 1, 2014
1210	1225
1211	1226		New section
1212	1227
1213	1228		Sec. 6
1214	1229
1215	1230		October 1, 2014
1216	1231
1217	1232		New section
1218	1233
1219	1234		Sec. 7
1220	1235
1221	1236		October 1, 2014
1222	1237
1223	1238		New section
1224	1239
1225	1240		Sec. 8
1226	1241
1227	1242		October 1, 2014
1228	1243
1229	1244		New section
1230	1245
1231	1246		Sec. 9
1232	1247
1233	1248		October 1, 2014
1234	1249
1235	1250		New section
1236	1251
1237	1252		Sec. 10
1238	1253
1239	1254		October 1, 2014
1240	1255
1241	1256		New section
1242	1257
1243	1258		Sec. 11
1244	1259
1245	1260		October 1, 2014
1246	1261
1247	1262		New section
1248	1263
1249	1264		Sec. 12
1250	1265
1251	1266		October 1, 2014
1252	1267
1253	1268		New section
1254	1269
1255	1270		Sec. 13
1256	1271
1257	1272		October 1, 2014
1258	1273
1259	1274		New section
1260	1275
1261	1276		Sec. 14
1262	1277
1263	1278		October 1, 2014
1264	1279
1265	1280		New section
1266	1281
1267	1282		Sec. 15
1268	1283
1269	1284		October 1, 2014
1270	1285
1271	1286		New section
1272	1287
1273	1288		Sec. 16
1274	1289
1275	1290		October 1, 2014
1276	1291
1277	1292		New section
1278	1293
1279	1294		Sec. 17
1280	1295
1281	1296		October 1, 2014
1282	1297
1283	1298		New section
1284	1299
1285	1300		Sec. 18
1286	1301
1287	1302		October 1, 2014
1288	1303
1289	1304		New section
1290	1305
1291	1306		Sec. 19
1292	1307
1293	1308		October 1, 2014
1294	1309
1295	1310		New section
1296	1311
1297	1312		Sec. 20
1298	1313
1299	1314		October 1, 2014
1300	1315
1301	1316		New section
1302	1317
1303	1318		Sec. 21
1304	1319
1305	1320		October 1, 2014
1306	1321
1307	1322		New section
1308	1323
1309	1324		Sec. 22
1310	1325
1311	1326		October 1, 2014
1312	1327
1313	1328		New section
1314	1329
1315	1330		Sec. 23
1316	1331
1317	1332		October 1, 2014
1318	1333
1319	1334		New section
1320	1335
1321	1336		Sec. 24
1322	1337
1323	1338		October 1, 2014
1324	1339
1325	1340		New section
1326	1341
1327	1342		Sec. 25
1328	1343
1329	1344		October 1, 2014
1330	1345
1331	1346		New section
1332	1347
1333	1348		Sec. 26
1334	1349
1335	1350		October 1, 2014
1336	1351
1337	1352		New section
1338	1353
1339	1354		Sec. 27
1340	1355
1341	1356		October 1, 2014
1342	1357
1343	1358		New section
1344	1359
1345	1360		Sec. 28
1346	1361
1347	1362		October 1, 2014
1348	1363
1349	1364		New section
1350	1365
1351	1366		Sec. 29
1352	1367
1353	1368		October 1, 2014
1354	1369
1355	1370		New section
1356	1371
1357	1372		Sec. 30
1358	1373
1359	1374		October 1, 2014
1360	1375
1361	1376		New section
1362	1377
1363	1378		Sec. 31
1364	1379
1365	1380		October 1, 2014
1366	1381
1367	1382		New section
1368	1383
1369	1384		Sec. 32
1370	1385
1371	1386		October 1, 2014
1372	1387
1373	1388		New section
1374	1389
1375	1390		Sec. 33
1376	1391
1377	1392		October 1, 2014
1378	1393
1379	1394		New section
1380	1395
1381	1396		Sec. 34
1382	1397
1383	1398		October 1, 2014
1384	1399
1385	1400		New section
1386	1401
1387	1402		Sec. 35
1388	1403
1389	1404		October 1, 2014
1390	1405
1391	1406		New section
1392	1407
1393	1408		Sec. 36
1394	1409
1395	1410		October 1, 2014
1396	1411
1397	1412		New section
1398	1413
1399	1414		Sec. 37
1400	1415
1401	1416		October 1, 2014
1402	1417
1403	1418		New section
1404	1419
1405	1420		Sec. 38
1406	1421
1407	1422		October 1, 2014
1408	1423
1409	1424		New section
1410	1425
1411	1426		Sec. 39
1412	1427
1413	1428		October 1, 2014
1414	1429
1415	1430		New section
1416	1431
1417	1432		Sec. 40
1418	1433
1419	1434		October 1, 2014
1420	1435
1421	1436		New section
1422	1437
1423	1438		Sec. 41
1424	1439
1425	1440		October 1, 2014
1426	1441
1427	1442		New section
1428	1443
1429	1444		Sec. 42
1430	1445
1431	1446		October 1, 2014
1432	1447
1433	1448		New section
1434	1449
1435	1450		Sec. 43
1436	1451
1437	1452		October 1, 2014
1438	1453
1439	1454		New section
1440	1455
1441	1456		Sec. 44
1442	1457
1443	1458		October 1, 2014
1444	1459
1445	1460		New section
1446	1461
1447	1462		Sec. 45
1448	1463
1449	1464		October 1, 2014
1450	1465
1451	1466		New section
1452	1467
1453	1468		Sec. 46
1454	1469
1455	1470		October 1, 2014
1456	1471
1457	1472		45a-98(a)
1458	1473
1459	1474		Sec. 47
1460	1475
1461	1476		October 1, 2014
1462	1477
1463	1478		45a-175
1464	1479
1465	1480		Sec. 48
1466	1481
1467	1482		October 1, 2014
1468	1483
1469	1484		45a-645(b)
1470	1485
1471	1486		Sec. 49
1472	1487
1473	1488		October 1, 2014
1474	1489
1475	1490		45a-650
1476	1491
1477	1492		Sec. 50
1478	1493
1479	1494		October 1, 2014
1480	1495
1481	1496		47-5
1482	1497
1483	1498		Sec. 51
1484	1499
1485	1500		October 1, 2014
1486	1501
1487	1502		19a-580f(c)
1488	1503
1489	1504		Sec. 52
1490	1505
1491	1506		October 1, 2014
1492	1507
1493	1508		Repealer section
1494	1509
1495		-	~~Statement of Legislative Commissioners:~~
	1510	+	Sec. 53
1496	1511
1497		-	~~In sections~~ 1, 17, 36(b) and 44, references to "this act" were changed to "sections 1 to 45, inclusive, of this act" for accuracy. In section 24(c), "sections 26 to 38" was changed to "section 27 to 39" for accuracy. In section 27(7), two references to "them" were changed to "such stocks, bonds or other property" for clarity and sections 52 and 53 containing the repealer provisions were combined into section 52 for accuracy.
	1512	+	October 1, 2014
1498	1513
	1514	+	Repealer section
1499	1515
	1516	+	Statement of Purpose:
1500	1517
1501		-	~~JUD Joint Favorable Subst~~. ~~-LCO~~
	1518	+	To adopt the Uniform Power of Attorney Act in this state.
1502	1519
1503		-	JUD
1504		-
1505		-	Joint Favorable Subst. -LCO
	1520	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]