General Assembly Substitute Bill No. 884
January Session, 2017 *_____SB00884JUD___033017____*
General Assembly
Substitute Bill No. 884
January Session, 2017
*_____SB00884JUD___033017____*
AN ACT ADOPTING THE CONNECTICUT UNIFORM RECOGNITION OF SUBSTITUTE DECISION-MAKING DOCUMENTS ACT AND REVISING THE CONNECTICUT UNIFORM POWER OF ATTORNEY ACT.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2017) Sections 1 to 10, inclusive, of this act may be cited as the "Connecticut Uniform Recognition of Substitute Decision-Making Documents Act".
Sec. 2. (NEW) (Effective October 1, 2017) As used in sections 1 to 10, inclusive, of this act:
(1) "Decision maker" means a person authorized to act for an individual under a substitute decision-making document, whether denominated a decision maker, agent, attorney-in-fact, proxy or representative or by another title. "Decision maker" includes an original decision maker, a co-decision maker, a successor decision maker and a person to which a decision maker's authority is delegated;
(2) "Good faith" means honesty in fact;
(3) "Health care" means a service or procedure to maintain, diagnose, treat or otherwise affect an individual's physical or mental condition;
(4) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality, or other legal entity;
(5) "Personal care" means an arrangement or service to provide an individual shelter, food, clothing, transportation, education, recreation, social contact or assistance with the activities of daily living;
(6) "Property" means anything that may be subject to ownership, whether real or personal or legal or equitable, or any interest or right therein;
(7) "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; and
(8) "Substitute decision-making document" or "document" means a record created by an individual to authorize a decision maker to act for the individual with respect to property, health care or personal care.
Sec. 3. (NEW) (Effective October 1, 2017) (a) A substitute decision-making document for property executed outside this state is valid in this state if, when the document was executed, the execution complied with the law of the jurisdiction indicated in the document or, if no jurisdiction is indicated, the law of the jurisdiction in which the document was executed.
(b) A substitute decision-making document for health care or personal care, including the appointment of a health care representative, executed outside this state is valid in this state if, when the document was executed, the execution complied with: (1) The law of the jurisdiction indicated in the document or, if no jurisdiction is indicated, the law of the jurisdiction in which the document was executed; or (2) the law of this state, other than sections 1 to 10, inclusive, of this act.
(c) Except as otherwise provided by law, a photocopy or electronically transmitted copy of an original substitute decision-making document has the same effect as the original.
Sec. 4. (NEW) (Effective October 1, 2017) The meaning and effect of a substitute decision-making document and the authority of the decision maker are determined by the law of the jurisdiction indicated in the document or, if no jurisdiction is indicated, the law of the jurisdiction in which the document was executed.
Sec. 5. (NEW) (Effective October 1, 2017) (a) Except as provided in subsection (f) of section 1-56b and sections 1-350r, 19a-579b and 19a-580g of the general statutes, a person who in good faith accepts a substitute decision-making document without actual knowledge that the document is void, invalid or terminated, or that the authority of the purported decision maker is void, invalid or terminated, may assume without inquiry that the document is genuine, valid and still in effect and that the decision maker's authority is genuine, valid and still in effect.
(b) A person who is asked to accept a substitute decision-making document may request and without further investigation rely on:
(1) The decision maker's assertion of a fact concerning the individual for whom a decision will be made, the decision maker or the document;
(2) A translation of the document if the document contains, in whole or in part, a language other than English; and
(3) An opinion of counsel regarding any matter of law concerning the document if the person provides in a record the reason for the request.
Sec. 6. (NEW) (Effective October 1, 2017) (a) Except as provided in section 1-350s of the general statutes, a person who is asked to accept a substitute decision-making document shall accept within a reasonable time a document that purportedly meets the validity requirements of section 3 of this act. The person may not require an additional or different form of document for authority granted in the document presented.
(b) A person who is asked to accept a substitute decision-making document is not required to accept the document if:
(1) The person otherwise would not be required in the same circumstances to act if requested by the individual who executed the document;
(2) The person has actual knowledge of the termination of the decision maker's authority or the document;
(3) The person's request under subsection (b) of section 5 of this act for the decision maker's assertion of fact, a translation or an opinion of counsel is refused;
(4) The person in good faith believes that the document is not valid or the decision maker does not have the authority to request a particular transaction or action; or
(5) The person makes, or has actual knowledge that another person has made, a report to the Office of Protection and Advocacy for Persons with Disabilities or the Department of Social Services stating a belief that the individual for whom a decision will be made may be subject to abuse, neglect, exploitation or abandonment by the decision maker or a person acting for or with the decision maker.
(c) A person who refuses to accept a substitute decision-making document in violation of this section is subject to:
(1) A court order mandating acceptance of the document; and
(2) Liability for reasonable attorney's fees and costs incurred in an action or proceeding that mandates acceptance of the document.
Sec. 7. (NEW) (Effective October 1, 2017) The remedies under sections 1 to 10, inclusive, of this act are not exclusive and do not abrogate any right or remedy under any other law of this state.
Sec. 8. (NEW) (Effective October 1, 2017) In applying and construing sections 1 to 10, inclusive, of this act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.
Sec. 9. (NEW) (Effective October 1, 2017) Sections 1 to 10, inclusive, of this act, modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq., but do not modify, limit or supersede Section 101(c) of said act, 15 USC 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of said act, 15 USC 7003(b).
Sec. 10. (NEW) (Effective October 1, 2017) Sections 1 to 9, inclusive, of this act apply to a substitute decision-making document created before, on or after October 1, 2017.
Sec. 11. Subsection (a) of section 1-352 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(a) (1) The use of either the following short form or long form in the creation of a power of attorney is authorized, and, when used, the short form or long form shall be construed in accordance with the provisions of sections 1-350 to 1-353b, inclusive. The use of a document substantially in the form of either the short form, as set forth in subdivision (2) of this subsection, or the long form, as set forth in subdivision (3) of this subsection, may be used to create a statutory power of attorney that has the meaning and effect prescribed in sections 1-350 to 1-353b, inclusive. No provision of sections 1-350 to 1-353b, inclusive, shall be construed to bar the use of any other or different form of power of attorney desired by the parties concerned.
(2) "STATUTORY POWER OF ATTORNEY - SHORT FORM
Notice: The powers granted by this document are broad and sweeping. They are defined in the Connecticut Uniform Power of Attorney Act, which expressly permits the use of any other or different form of power of attorney desired by the parties concerned. The grantor of any power of attorney or the agent may make application to a court of probate for an accounting as provided in subsection [(b)] (d) of section 45a-175 of the general statutes. This power of attorney does not authorize the agent to make health care decisions for you.
Know All Persons by These Presents, which are intended to constitute a GENERAL POWER OF ATTORNEY pursuant to the Connecticut Uniform Power of Attorney Act:
That I .... (insert name and address of the principal) do hereby appoint .... (insert name and address of the agent, or each agent, if more than one is designated) my agent(s) TO ACT .....
If more than one agent is designated and the principal wishes each agent alone to be able to exercise the power conferred, insert in this blank the word 'severally'. Failure to make any insertion or the insertion of the word 'jointly' shall require the agents to act jointly.
First: In my name, place and stead in any way which I myself could do, if I were personally present, with respect to the following matters as each of them is defined in the Connecticut Uniform Power of Attorney Act to the extent that I am permitted by law to act through an agent:
(Strike out and initial in the opposite box any one or more of the subparagraphs as to which the principal does NOT desire to give the agent authority. Such elimination of any one or more of subparagraphs (A) to (M), inclusive, shall automatically constitute an elimination also of subparagraph (N).)
To strike out any subparagraph the principal must draw a line through the text of that subparagraph AND write his initials in the box opposite.
T1 (A) Real property; ( )
T2 (B) Tangible personal property; ( )
T3 (C) Stocks and bonds; ( )
T4 (D) Commodities and options; ( )
T5 (E) Banks and other financial institutions; ( )
T6 (F) Operation of entity or business; ( )
T7 (G) Insurance and annuities; ( )
T8 (H) Estates, trusts and other beneficial interests; ( )
T9 (I) Claims and litigation; ( )
T10 (J) Personal and family maintenance; ( )
T11 (K) Benefits from governmental programs or civil or military ( )
T12 service;
T13 (L) Retirement plans; ( )
T14 (M) Taxes; ( )
T15 (N) All other matters; ( )
T16 ……………………………………………………………………………………...
T17 ………………………………………………………………………………………
T18 ………………………………………………………………………………………
T19 ………………………………………………………………………………………
T1
(A)
Real property;
( )
T2
(B)
Tangible personal property;
( )
T3
(C)
Stocks and bonds;
( )
T4
(D)
Commodities and options;
( )
T5
(E)
Banks and other financial institutions;
( )
T6
(F)
Operation of entity or business;
( )
T7
(G)
Insurance and annuities;
( )
T8
(H)
Estates, trusts and other beneficial interests;
( )
T9
(I)
Claims and litigation;
( )
T10
(J)
Personal and family maintenance;
( )
T11
(K)
Benefits from governmental programs or civil or military
( )
T12
service;
T13
(L)
Retirement plans;
( )
T14
(M)
Taxes;
( )
T15
(N)
All other matters;
( )
T16
……………………………………………………………………………………...
T17
………………………………………………………………………………………
T18
………………………………………………………………………………………
T19
………………………………………………………………………………………
(Special provisions and limitations may be included in the statutory form power of attorney only if they conform to the requirements of the Connecticut Uniform Power of Attorney Act.)
Second: With full and unqualified authority to exercise or delegate any or all of the foregoing powers granted under this power of attorney to any person or persons whom my agent(s) shall select.
Third: Hereby ratifying and confirming all that said agent(s) or substitute(s) do or cause to be done.
Fourth: LIMITATION ON AGENT'S AUTHORITY
An agent that is not my ancestor, spouse or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the special instructions.
Fifth: DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
If my agent is unable or unwilling to act for me, I name as my successor agent:
T20 Name of Successor Agent: ____________________________
T21
T22 Successor Agent's Address: __________________________
T20
Name of Successor Agent: ____________________________
T21
T22
Successor Agent's Address: __________________________
If my successor agent is unable or unwilling to act for me, I name as my second successor agent:
T23 Name of Second Successor Agent: ____________________________
T24
T25 Second Successor Agent's Address: ___________________________
T23
Name of Second Successor Agent: ____________________________
T24
T25
Second Successor Agent's Address: ___________________________
Sixth: EFFECTIVE DATE
This power of attorney is effective immediately unless I have stated otherwise in the special instructions.
The execution of this statutory short form power of attorney shall be duly acknowledged by the principal in the manner prescribed for the acknowledgment of a conveyance of real property.
In Witness Whereof I have hereunto signed my name and affixed my seal this .... day of ...., 20...
.... (Signature of Principal) (Seal)
T26 ....
T27 Witness
T28
T29 ....
T30 Witness
T26
....
T27
Witness
T28
T29
....
T30
Witness
T31 STATE OF }
T32 ss:
T33 COUNTY OF
T31
STATE OF
}
T32
ss:
T33
COUNTY OF
On this the .... day of ...., 20.., before me, (name of the principal), signer of the foregoing instrument, personally appeared, and acknowledged the execution of such instrument to be his/her free act and deed.
....
Commissioner of the Superior Court
Notary Public
My commission expires: ...."
(3) "STATUTORY POWER OF ATTORNEY - LONG FORM
Notice: The powers granted by this document are broad and sweeping. They are defined in the Connecticut Uniform Power of Attorney Act, which expressly permits the use of any other or different form of power of attorney desired by the parties concerned. The grantor of any power of attorney or the agent may make application to a court of probate for an accounting as provided in subsection [(b)] (d) of section 45a-175 of the general statutes. This power of attorney does not authorize the agent to make health care decisions for you.
Know All Persons by These Presents, which are intended to constitute a GENERAL POWER OF ATTORNEY pursuant to the Connecticut Uniform Power of Attorney Act:
That I .... (insert name and address of the principal) do hereby appoint .... (insert name and address of the agent, or each agent, if more than one is designated) my agent(s) TO ACT .....
If more than one agent is designated and the principal wishes each agent alone to be able to exercise the power conferred, insert in this blank the word 'severally'. Failure to make any insertion or the insertion of the word 'jointly' shall require the agents to act jointly.
First: In my name, place and stead in any way which I myself could do, if I were personally present, with respect to the following matters as each of them is defined in the Connecticut Uniform Power of Attorney Act to the extent that I am permitted by law to act through an agent:
(Strike out and initial in the opposite box any one or more of the subparagraphs as to which the principal does NOT desire to give the agent authority. Such elimination of any one or more of subparagraphs (A) to (M), inclusive, shall automatically constitute an elimination also of subparagraph (N).)
To strike out any subparagraph the principal must draw a line through the text of that subparagraph AND write his initials in the box opposite.
T34 (A) Real property; ( )
T35 (B) Tangible personal property; ( )
T36 (C) Stocks and bonds; ( )
T37 (D) Commodities and options; ( )
T38 (E) Banks and other financial institutions; ( )
T39 (F) Operation of entity or business; ( )
T40 (G) Insurance and annuities; ( )
T41 (H) Estates, trusts and other beneficial interests; ( )
T42 (I) Claims and litigation; ( )
T43 (J) Personal and family maintenance; ( )
T44 (K) Benefits from governmental programs or civil or ( )
T45 military service;
T46 (L) Retirement plans; ( )
T47 (M) Taxes; ( )
T48 (N) All other matters; ( )
T49 ……………………………………………………………………………………...
T50 ………………………………………………………………………………………
T51 ………………………………………………………………………………………
T52 ………………………………………………………………………………………
T34
(A)
Real property;
( )
T35
(B)
Tangible personal property;
( )
T36
(C)
Stocks and bonds;
( )
T37
(D)
Commodities and options;
( )
T38
(E)
Banks and other financial institutions;
( )
T39
(F)
Operation of entity or business;
( )
T40
(G)
Insurance and annuities;
( )
T41
(H)
Estates, trusts and other beneficial interests;
( )
T42
(I)
Claims and litigation;
( )
T43
(J)
Personal and family maintenance;
( )
T44
(K)
Benefits from governmental programs or civil or
( )
T45
military service;
T46
(L)
Retirement plans;
( )
T47
(M)
Taxes;
( )
T48
(N)
All other matters;
( )
T49
……………………………………………………………………………………...
T50
………………………………………………………………………………………
T51
………………………………………………………………………………………
T52
………………………………………………………………………………………
(Special provisions and limitations may be included in the statutory form power of attorney only if they conform to the requirements of the Connecticut Uniform Power of Attorney Act.)
OPTIONAL ESTATE PLANNING POWERS
YOU SHOULD SEEK LEGAL ADVICE BEFORE INCLUDING THE FOLLOWING POWERS:
(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.)
My agent MAY NOT do any of the following specific acts UNLESS I HAVE INITIALED the specific authority listed below:
T53 (O) Create, amend, revoke or terminate an inter vivos trust, ( )
T54 provided in the case of a trust established for a disabled
T55 person pursuant to 42 USC 1396p (d)(4)(A) or 42 USC
T56 1396p (d)(4)(C), the creation of such trust by an agent
T57 shall be only as permitted by federal law;
T58
T59 (P) Make a gift, subject to the limitations of the Connecticut ( )
T60 Uniform Power of Attorney Act and any special
T61 instructions in this power of attorney. Unless otherwise
T62 provided in the special instructions, gifts per recipient
T63 may not exceed the annual dollar limits of the federal
T64 gift tax exclusion under Internal Revenue Code Section
T65 2503(b), or if the principal's spouse agrees to consent to a
T66 split gift pursuant to Internal Revenue Code Section
T67 2513, in an amount per recipient not to exceed twice the
T68 annual federal gift tax exclusion limit. In addition, an
T69 agent must determine that gifts are consistent with the
T70 principal's objectives if actually known by the agent and,
T71 if unknown, as the agent determines is consistent with
T72 the principal's best interest based on all relevant factors;
T73
T74 (Q) Create or change rights of survivorship; ( )
T75
T76 (R) Create or change a beneficiary designation; ( )
T77
T78 [(S) Authorize another person to exercise the authority ( )
T79 granted under this power of attorney;]
T80
T81 [(T)] (S) Waive the principal's right to be a beneficiary of a joint ( )
T82 and survivor annuity, including a survivor benefit under
T83 a retirement plan;
T84
T85 [(U)] (T) Exercise fiduciary powers that the principal has authority ( )
T86 to delegate;
T87
T88 [(V)] (U) Disclaim or refuse an interest in property, including a ( )
T89 power of appointment.
T90
T91 (V) To exercise all powers I may have over any digital ( )
T92 device, digital asset, user account and electronically
T93 stored information of mine (including user accounts
T94 and digital assets that currently exist or may exist as
T95 technology develops), whether the same are in my own
T96 name or that I own or lawfully use jointly with anyone
T97 else; such powers include, but are not limited to,
T98 changing and circumventing my username and
T99 password to gain access to such user accounts and
T100 information; transferring or withdrawing funds or other
T101 digital assets among or from such user accounts; and to
T102 open new user accounts in my name; all as my Agent
T103 determines is necessary or advisable. I hereby give my
T104 lawful consent and fully authorize my Agent to access,
T105 manage, control, delete and terminate any electronically
T106 stored information and communications of mine to the
T107 fullest extent allowable under the Electronic
T108 Communications Privacy Act, 18 USC 2510, as amended
T109 from time to time, the Connecticut Revised Uniform
T110 Fiduciary Access to Digital Assets Act and any other
T111 federal, state or international privacy or other laws and to
T112 take any actions I am authorized to take under all
T113 applicable terms of service, terms of use, licensing and
T114 other account agreements or laws. To the extent a specific
T115 reference to any federal, state, local or international law
T116 is required in order to give effect to this provision, I
T117 specifically provide that my intention is to so reference
T118 such law, whether it is now in existence or comes into
T119 existence or is amended after the date of this document.
T120
T121 (W) With respect to any intellectual property interests of ( )
T122 mine, including without limitation, copyrights, contracts
T123 for payments of royalties and trademarks, to act in all
T124 ways with respect to such interests as if my agent were
T125 the owner thereof, including without limitation,
T126 registering ownership, transferring ownership and
T127 recording documents to effectuate or memorialize such
T128 transfer, granting and revoking licenses, entering,
T129 terminating and enforcing agreements, defending
T130 ownership and conferring agency upon professionals to
T131 represent my interests before governmental agencies,
T132 and in general, to exercise all powers with respect to the
T133 intellectual property that I could if present.
T53
(O)
Create, amend, revoke or terminate an inter vivos trust,
( )
T54
provided in the case of a trust established for a disabled
T55
person pursuant to 42 USC 1396p (d)(4)(A) or 42 USC
T56
1396p (d)(4)(C), the creation of such trust by an agent
T57
shall be only as permitted by federal law;
T58
T59
(P)
Make a gift, subject to the limitations of the Connecticut
( )
T60
Uniform Power of Attorney Act and any special
T61
instructions in this power of attorney. Unless otherwise
T62
provided in the special instructions, gifts per recipient
T63
may not exceed the annual dollar limits of the federal
T64
gift tax exclusion under Internal Revenue Code Section
T65
2503(b), or if the principal's spouse agrees to consent to a
T66
split gift pursuant to Internal Revenue Code Section
T67
2513, in an amount per recipient not to exceed twice the
T68
annual federal gift tax exclusion limit. In addition, an
T69
agent must determine that gifts are consistent with the
T70
principal's objectives if actually known by the agent and,
T71
if unknown, as the agent determines is consistent with
T72
the principal's best interest based on all relevant factors;
T73
T74
(Q)
Create or change rights of survivorship;
( )
T75
T76
(R)
Create or change a beneficiary designation;
( )
T77
T78
[(S)
Authorize another person to exercise the authority
( )
T79
granted under this power of attorney;]
T80
T81
[(T)] (S)
Waive the principal's right to be a beneficiary of a joint
( )
T82
and survivor annuity, including a survivor benefit under
T83
a retirement plan;
T84
T85
[(U)] (T)
Exercise fiduciary powers that the principal has authority
( )
T86
to delegate;
T87
T88
[(V)] (U)
Disclaim or refuse an interest in property, including a
( )
T89
power of appointment.
T90
T91
(V)
To exercise all powers I may have over any digital
( )
T92
device, digital asset, user account and electronically
T93
stored information of mine (including user accounts
T94
and digital assets that currently exist or may exist as
T95
technology develops), whether the same are in my own
T96
name or that I own or lawfully use jointly with anyone
T97
else; such powers include, but are not limited to,
T98
changing and circumventing my username and
T99
password to gain access to such user accounts and
T100
information; transferring or withdrawing funds or other
T101
digital assets among or from such user accounts; and to
T102
open new user accounts in my name; all as my Agent
T103
determines is necessary or advisable. I hereby give my
T104
lawful consent and fully authorize my Agent to access,
T105
manage, control, delete and terminate any electronically
T106
stored information and communications of mine to the
T107
fullest extent allowable under the Electronic
T108
Communications Privacy Act, 18 USC 2510, as amended
T109
from time to time, the Connecticut Revised Uniform
T110
Fiduciary Access to Digital Assets Act and any other
T111
federal, state or international privacy or other laws and to
T112
take any actions I am authorized to take under all
T113
applicable terms of service, terms of use, licensing and
T114
other account agreements or laws. To the extent a specific
T115
reference to any federal, state, local or international law
T116
is required in order to give effect to this provision, I
T117
specifically provide that my intention is to so reference
T118
such law, whether it is now in existence or comes into
T119
existence or is amended after the date of this document.
T120
T121
(W)
With respect to any intellectual property interests of
( )
T122
mine, including without limitation, copyrights, contracts
T123
for payments of royalties and trademarks, to act in all
T124
ways with respect to such interests as if my agent were
T125
the owner thereof, including without limitation,
T126
registering ownership, transferring ownership and
T127
recording documents to effectuate or memorialize such
T128
transfer, granting and revoking licenses, entering,
T129
terminating and enforcing agreements, defending
T130
ownership and conferring agency upon professionals to
T131
represent my interests before governmental agencies,
T132
and in general, to exercise all powers with respect to the
T133
intellectual property that I could if present.
Second: With full and unqualified authority to exercise or delegate any or all of the foregoing powers granted under this power of attorney to any person or persons whom my agent(s) shall select.
Third: Hereby ratifying and confirming all that said agent(s) or substitute(s) do or cause to be done.
Fourth: LIMITATION ON AGENT'S AUTHORITY
An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the special instructions.
Fifth: DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
If my agent is unable or unwilling to act for me, I name as my successor agent:
T134 Name of Successor Agent: ____________________________
T135
T136 Successor Agent's Address: __________________________
T134
Name of Successor Agent: ____________________________
T135
T136
Successor Agent's Address: __________________________
If my successor agent is unable or unwilling to act for me, I name as my second successor agent:
T137 Name of Second Successor Agent: ____________________________
T138
T139 Second Successor Agent's Address: ___________________________
T137
Name of Second Successor Agent: ____________________________
T138
T139
Second Successor Agent's Address: ___________________________
Sixth: EFFECTIVE DATE
This power of attorney is effective immediately unless I have stated otherwise in the special instructions.
The execution of this statutory long form power of attorney shall be duly acknowledged by the principal in the manner prescribed for the acknowledgment of a conveyance of real property.
In Witness Whereof I have hereunto signed my name and affixed my seal this .... day of ...., 20...
.... (Signature of Principal) (Seal)
T140 ....
T141 Witness
T142
T143 ....
T144 Witness
T140
....
T141
Witness
T142
T143
....
T144
Witness
T145 STATE OF }
T146 ss:
T147 COUNTY OF
T145
STATE OF
}
T146
ss:
T147
COUNTY OF
On this the .... day of ...., 20.., before me, (name of the principal), signer of the foregoing instrument, personally appeared, and acknowledged the execution of such instrument to be his/her free act and deed.
....
Commissioner of the Superior Court
Notary Public
My commission expires: ...."
Sec. 12. Subsection (a) of section 47-5 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
(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 agent authorized for that purpose by a power executed, acknowledged and witnessed in the manner provided for conveyances or in the manner provided for in section 1-350d, or, if the grantor is a corporation, limited liability company or partnership, subscribed by a duly authorized person; (3) acknowledged by the grantor, his 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.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2017 New section
Sec. 2 October 1, 2017 New section
Sec. 3 October 1, 2017 New section
Sec. 4 October 1, 2017 New section
Sec. 5 October 1, 2017 New section
Sec. 6 October 1, 2017 New section
Sec. 7 October 1, 2017 New section
Sec. 8 October 1, 2017 New section
Sec. 9 October 1, 2017 New section
Sec. 10 October 1, 2017 New section
Sec. 11 July 1, 2017 1-352(a)
Sec. 12 July 1, 2017 47-5(a)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2017
New section
Sec. 2
October 1, 2017
New section
Sec. 3
October 1, 2017
New section
Sec. 4
October 1, 2017
New section
Sec. 5
October 1, 2017
New section
Sec. 6
October 1, 2017
New section
Sec. 7
October 1, 2017
New section
Sec. 8
October 1, 2017
New section
Sec. 9
October 1, 2017
New section
Sec. 10
October 1, 2017
New section
Sec. 11
July 1, 2017
1-352(a)
Sec. 12
July 1, 2017
47-5(a)
Statement of Legislative Commissioners:
In Section 8 "uniform" was deleted for statutory consistency.
JUD Joint Favorable Subst. -LCO
JUD
Joint Favorable Subst. -LCO