Connecticut 2017 Regular Session

Connecticut Senate Bill SB00884 Compare Versions

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1-Substitute Senate Bill No. 884
1+General Assembly Substitute Bill No. 884
2+January Session, 2017 *_____SB00884JUD___033017____*
23
3-Public Act No. 17-91
4+General Assembly
5+
6+Substitute Bill No. 884
7+
8+January Session, 2017
9+
10+*_____SB00884JUD___033017____*
411
512 AN ACT ADOPTING THE CONNECTICUT UNIFORM RECOGNITION OF SUBSTITUTE DECISION-MAKING DOCUMENTS ACT AND REVISING THE CONNECTICUT UNIFORM POWER OF ATTORNEY ACT.
613
714 Be it enacted by the Senate and House of Representatives in General Assembly convened:
815
916 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".
1017
1118 Sec. 2. (NEW) (Effective October 1, 2017) As used in sections 1 to 10, inclusive, of this act:
1219
1320 (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;
1421
1522 (2) "Good faith" means honesty in fact;
1623
1724 (3) "Health care" means a service or procedure to maintain, diagnose, treat or otherwise affect an individual's physical or mental condition;
1825
1926 (4) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality, or other legal entity;
2027
2128 (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;
2229
2330 (6) "Property" means anything that may be subject to ownership, whether real or personal or legal or equitable, or any interest or right therein;
2431
2532 (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
2633
2734 (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.
2835
2936 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.
3037
3138 (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.
3239
3340 (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.
3441
3542 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.
3643
3744 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.
3845
3946 (b) A person who is asked to accept a substitute decision-making document may request and without further investigation rely on:
4047
4148 (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;
4249
4350 (2) A translation of the document if the document contains, in whole or in part, a language other than English; and
4451
4552 (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.
4653
4754 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.
4855
4956 (b) A person who is asked to accept a substitute decision-making document is not required to accept the document if:
5057
5158 (1) The person otherwise would not be required in the same circumstances to act if requested by the individual who executed the document;
5259
5360 (2) The person has actual knowledge of the termination of the decision maker's authority or the document;
5461
5562 (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;
5663
5764 (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
5865
59-(5) The person makes, or has actual knowledge that another person has made, a report to an agency responsible for investigating allegations of abuse, neglect, exploitation or abandonment 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.
66+(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.
6067
6168 (c) A person who refuses to accept a substitute decision-making document in violation of this section is subject to:
6269
6370 (1) A court order mandating acceptance of the document; and
6471
6572 (2) Liability for reasonable attorney's fees and costs incurred in an action or proceeding that mandates acceptance of the document.
6673
6774 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.
6875
6976 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.
7077
7178 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).
7279
7380 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.
7481
75-Sec. 11. Section 1-351 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
82+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):
7683
77-(a) An agent under a power of attorney may perform the activities listed in this subsection on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority to perform such activities and exercise of the authority to perform such activities is not otherwise prohibited by another agreement or instrument to which the authority or property is subject such as a trust agreement:
84+(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.
7885
79-(1) Create, amend, revoke, or terminate an inter vivos trust, provided, in the case of a trust established for a disabled person pursuant to 42 USC 1396p(d)(4)(A) or 42 USC 1396p(d)(4)(C), the creation of such trust by an agent shall be only as permitted by federal law;
86+(2) "STATUTORY POWER OF ATTORNEY - SHORT FORM
8087
81-(2) Make a gift;
82-
83-(3) Create or change rights of survivorship;
84-
85-(4) Create or change a beneficiary designation;
86-
87-[(5) Delegate authority granted under the power of attorney; ]
88-
89-[(6)] (5) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan;
90-
91-[(7)] (6) Exercise fiduciary powers that the principal has authority to delegate; [or]
92-
93-[(8)] (7) Disclaim property, including a power of appointment;
94-
95-(8) Exercise all powers the principal may have over any of the principal's digital device, digital asset, user account and electronically stored information, including any user account and digital asset that currently exists or may exist as technology develops, whether the same is in the principal's name or that the principal owns or lawfully uses jointly with any other individual; such powers include, but are not limited to, changing and circumventing the principal's username and password to gain access to such user accounts and information; transferring or withdrawing funds or other assets among or from such user accounts; and opening new user accounts in the principal's name, all as the agent determines is necessary or advisable. The principal may give the principal's lawful consent and authorizes the agent to access, manage, control, delete and terminate any electronically stored information and communications of the principal to the extent fully allowable under the federal Electronic Communications Privacy Act of 1986, 18 USC 2510 et seq., as amended from time to time, the Connecticut Revised Uniform Fiduciary Access to Digital Assets Act, and any other federal, state or international privacy law or other law. The agent is authorized to take any actions the principal is authorized to take under all applicable terms of service, terms of use, licensing and other account agreements or laws. To the extent a specific reference to any federal, state, local or international law is required in order to give effect to the provisions of this subdivision, the principal may provide that the principal's intention is to so reference such law, whether such law is now in existence or comes into existence or is amended after the date of execution of the power of attorney; or
96-
97-(9) With respect to any intellectual property interests of the principal, including, without limitation, copyrights, contracts for payments of royalties and trademarks, act in all ways with respect to such interests as if the agent were the owner thereof, including, without limitation, registering ownership, transferring ownership and recording documents to effectuate or memorialize such transfer, granting and revoking licenses, entering, terminating and enforcing agreements, defending ownership and conferring agency upon professionals to represent the principal's interests before governmental agencies, and in general, to exercise all powers with respect to the intellectual property that the principal could exercise if present.
98-
99-(b) Notwithstanding a grant of authority to perform an act described in subsection (a) of this section, unless the power of attorney otherwise provides, an agent [that is not an ancestor, spouse or descendant of the principal] may not exercise authority under a power of attorney to create in the agent, or [in an individual to whom the agent owes a legal obligation of support] a dependent of the agent, an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer or otherwise.
100-
101-(c) Subject to the provisions set forth in subsections (a), (b), (d) and (e) of this section, if a power of attorney grants to an agent authority to perform all acts that a principal could perform, the agent has the general authority described in sections 1-351c to 1-351o, inclusive. Such general authority shall permit the agent to authorize another person to exercise the authority granted under the power of attorney.
102-
103-(d) Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to section 1-351p.
104-
105-(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.
106-
107-(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.
108-
109-(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.
110-
111-Sec. 12. Subsection (a) of section 1-352 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
112-
113-(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. ] 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.
114-
115-(2) "DURABLE STATUTORY POWER OF ATTORNEY - SHORT FORM
116-
117-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] Probate Court 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.
88+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.
11889
11990 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:
12091
12192 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 .....
12293
12394 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.
12495
12596 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:
12697
12798 (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).)
12899
129100 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.
130101
131102
132103
133104
134- (A) Real property; ( )
135- (B) Tangible personal property; ( )
136- (C) Stocks and bonds; ( )
137- (D) Commodities and options; ( )
138- (E) Banks and other financial institutions; ( )
139- (F) Operation of entity or business; ( )
140- (G) Insurance and annuities; ( )
141- (H) Estates, trusts and other beneficial interests; ( )
142- (I) Claims and litigation; ( )
143- (J) Personal and family maintenance; ( )
144- (K) Benefits from governmental programs or civil or military ( )
145- service;
146- (L) Retirement plans; ( )
147- (M) Taxes; ( )
148- (N) All other matters; ( )
149- ……………………………………………………………………………………. . .
150- ………………………………………………………………………………………
151- ………………………………………………………………………………………
152- ………………………………………………………………………………………
105+T1 (A) Real property; ( )
106+T2 (B) Tangible personal property; ( )
107+T3 (C) Stocks and bonds; ( )
108+T4 (D) Commodities and options; ( )
109+T5 (E) Banks and other financial institutions; ( )
110+T6 (F) Operation of entity or business; ( )
111+T7 (G) Insurance and annuities; ( )
112+T8 (H) Estates, trusts and other beneficial interests; ( )
113+T9 (I) Claims and litigation; ( )
114+T10 (J) Personal and family maintenance; ( )
115+T11 (K) Benefits from governmental programs or civil or military ( )
116+T12 service;
117+T13 (L) Retirement plans; ( )
118+T14 (M) Taxes; ( )
119+T15 (N) All other matters; ( )
120+T16 ……………………………………………………………………………………...
121+T17 ………………………………………………………………………………………
122+T18 ………………………………………………………………………………………
123+T19 ………………………………………………………………………………………
124+
125+T1
153126
154127 (A)
155128
156129 Real property;
157130
158131 ( )
159132
133+T2
134+
160135 (B)
161136
162137 Tangible personal property;
163138
164139 ( )
140+
141+T3
165142
166143 (C)
167144
168145 Stocks and bonds;
169146
170147 ( )
171148
149+T4
150+
172151 (D)
173152
174153 Commodities and options;
175154
176155 ( )
156+
157+T5
177158
178159 (E)
179160
180161 Banks and other financial institutions;
181162
182163 ( )
183164
165+T6
166+
184167 (F)
185168
186169 Operation of entity or business;
187170
188171 ( )
172+
173+T7
189174
190175 (G)
191176
192177 Insurance and annuities;
193178
194179 ( )
195180
181+T8
182+
196183 (H)
197184
198185 Estates, trusts and other beneficial interests;
199186
200187 ( )
188+
189+T9
201190
202191 (I)
203192
204193 Claims and litigation;
205194
206195 ( )
207196
197+T10
198+
208199 (J)
209200
210201 Personal and family maintenance;
211202
212203 ( )
204+
205+T11
213206
214207 (K)
215208
216209 Benefits from governmental programs or civil or military
217210
218211 ( )
219212
213+T12
214+
220215 service;
216+
217+T13
221218
222219 (L)
223220
224221 Retirement plans;
225222
226223 ( )
227224
225+T14
226+
228227 (M)
229228
230229 Taxes;
231230
232231 ( )
232+
233+T15
233234
234235 (N)
235236
236237 All other matters;
237238
238239 ( )
239240
241+T16
242+
240243 ……………………………………………………………………………………...
244+
245+T17
241246
242247 ………………………………………………………………………………………
243248
249+T18
250+
244251 ………………………………………………………………………………………
252+
253+T19
245254
246255 ………………………………………………………………………………………
247256
248257 (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.)
249258
250-Second: LIMITATION ON AGENT'S AUTHORITY
251-
252-[With full and unqualified authority to delegate any or all of the foregoing powers to any person or persons whom my agent(s) shall select. ] An agent MAY NOT use my property to benefit the agent or a dependent of the agent unless I have included that authority in any special instructions below.
259+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.
253260
254261 Third: Hereby ratifying and confirming all that said agent(s) or substitute(s) do or cause to be done.
255262
256-Fourth: [LIMITATION ON AGENT'S AUTHORITY
263+Fourth: LIMITATION ON AGENT'S AUTHORITY
257264
258-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. ] 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.
265+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.
259266
260267 Fifth: DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
261268
262269 If my agent is unable or unwilling to act for me, I name as my successor agent:
263270
264271
265272
266- Name of Successor Agent: ____________________________
267- Successor Agent's Address: __________________________
273+T20 Name of Successor Agent: ____________________________
274+T21
275+T22 Successor Agent's Address: __________________________
276+
277+T20
268278
269279 Name of Successor Agent: ____________________________
280+
281+T21
282+
283+T22
270284
271285 Successor Agent's Address: __________________________
272286
273287 If my successor agent is unable or unwilling to act for me, I name as my second successor agent:
274288
275289
276290
277- Name of Second Successor Agent: ____________________________
278- Second Successor Agent's Address: ___________________________
291+T23 Name of Second Successor Agent: ____________________________
292+T24
293+T25 Second Successor Agent's Address: ___________________________
294+
295+T23
279296
280297 Name of Second Successor Agent: ____________________________
281298
299+T24
300+
301+T25
302+
282303 Second Successor Agent's Address: ___________________________
283304
284-Sixth: DESIGNATION OF CONSERVATOR OF ESTATE (OPTIONAL)
285-
286-If a conservator of my estate should be appointed, I designate that …. be appointed to serve as conservator of my estate. If …. is unable to serve or cease to serve as conservator of my estate, I designate that …. be appointed to serve as conservator of my estate.
287-
288-I direct that bond for the conservator of my estate, including any sureties thereon …. be required …. not be required.
289-
290-Seventh: EFFECTIVE DATE
305+Sixth: EFFECTIVE DATE
291306
292307 This power of attorney is effective immediately unless I have stated otherwise in the special instructions.
293308
294309 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.
295310
296311 In Witness Whereof I have hereunto signed my name and affixed my seal this .... day of ...., 20...
297312
298313 .... (Signature of Principal) (Seal)
299314
300315
301316
317+T26 ....
318+T27 Witness
319+T28
320+T29 ....
321+T30 Witness
302322
303- . . . .
304- Witness
305- . . . .
306- Witness
323+T26
307324
308325 ....
309326
327+T27
328+
310329 Witness
311330
331+T28
332+
333+T29
334+
312335 ....
336+
337+T30
313338
314339 Witness
315340
316341
317342
318- STATE OF }
319- ss:
320- COUNTY OF
343+T31 STATE OF }
344+T32 ss:
345+T33 COUNTY OF
346+
347+T31
321348
322349 STATE OF
323350
324351 }
325352
353+T32
354+
326355 ss:
356+
357+T33
327358
328359 COUNTY OF
329360
330361 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.
331362
332363 ....
333364
334365 Commissioner of the Superior Court
335366
336367 Notary Public
337368
338369 My commission expires: ...."
339370
340-(3) "DURABLE STATUTORY POWER OF ATTORNEY - LONG FORM
371+(3) "STATUTORY POWER OF ATTORNEY - LONG FORM
341372
342-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 or such other person or entities as authorized by statute may make application to a [court of probate] Probate Court 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.
373+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.
343374
344375 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:
345376
346377 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 .....
347378
348379 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.
349380
350381 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:
351382
352383 (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).)
353384
354385 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.
355386
356387
357388
358389
359- (A) Real property; ( )
360- (B) Tangible personal property; ( )
361- (C) Stocks and bonds; ( )
362- (D) Commodities and options; ( )
363- (E) Banks and other financial institutions; ( )
364- (F) Operation of entity or business; ( )
365- (G) Insurance and annuities; ( )
366- (H) Estates, trusts and other beneficial interests; ( )
367- (I) Claims and litigation; ( )
368- (J) Personal and family maintenance; ( )
369- (K) Benefits from governmental programs or civil or ( )
370- military service;
371- (L) Retirement plans; ( )
372- (M) Taxes; ( )
373- (N) All other matters; ( )
374- ……………………………………………………………………………………. . .
375- ………………………………………………………………………………………
376- ………………………………………………………………………………………
377- ………………………………………………………………………………………
390+T34 (A) Real property; ( )
391+T35 (B) Tangible personal property; ( )
392+T36 (C) Stocks and bonds; ( )
393+T37 (D) Commodities and options; ( )
394+T38 (E) Banks and other financial institutions; ( )
395+T39 (F) Operation of entity or business; ( )
396+T40 (G) Insurance and annuities; ( )
397+T41 (H) Estates, trusts and other beneficial interests; ( )
398+T42 (I) Claims and litigation; ( )
399+T43 (J) Personal and family maintenance; ( )
400+T44 (K) Benefits from governmental programs or civil or ( )
401+T45 military service;
402+T46 (L) Retirement plans; ( )
403+T47 (M) Taxes; ( )
404+T48 (N) All other matters; ( )
405+T49 ……………………………………………………………………………………...
406+T50 ………………………………………………………………………………………
407+T51 ………………………………………………………………………………………
408+T52 ………………………………………………………………………………………
409+
410+T34
378411
379412 (A)
380413
381414 Real property;
382415
383416 ( )
384417
418+T35
419+
385420 (B)
386421
387422 Tangible personal property;
388423
389424 ( )
425+
426+T36
390427
391428 (C)
392429
393430 Stocks and bonds;
394431
395432 ( )
396433
434+T37
435+
397436 (D)
398437
399438 Commodities and options;
400439
401440 ( )
441+
442+T38
402443
403444 (E)
404445
405446 Banks and other financial institutions;
406447
407448 ( )
408449
450+T39
451+
409452 (F)
410453
411454 Operation of entity or business;
412455
413456 ( )
457+
458+T40
414459
415460 (G)
416461
417462 Insurance and annuities;
418463
419464 ( )
420465
466+T41
467+
421468 (H)
422469
423470 Estates, trusts and other beneficial interests;
424471
425472 ( )
473+
474+T42
426475
427476 (I)
428477
429478 Claims and litigation;
430479
431480 ( )
432481
482+T43
483+
433484 (J)
434485
435486 Personal and family maintenance;
436487
437488 ( )
489+
490+T44
438491
439492 (K)
440493
441494 Benefits from governmental programs or civil or
442495
443496 ( )
444497
498+T45
499+
445500 military service;
501+
502+T46
446503
447504 (L)
448505
449506 Retirement plans;
450507
451508 ( )
452509
510+T47
511+
453512 (M)
454513
455514 Taxes;
456515
457516 ( )
517+
518+T48
458519
459520 (N)
460521
461522 All other matters;
462523
463524 ( )
464525
526+T49
527+
465528 ……………………………………………………………………………………...
529+
530+T50
466531
467532 ………………………………………………………………………………………
468533
534+T51
535+
469536 ………………………………………………………………………………………
537+
538+T52
470539
471540 ………………………………………………………………………………………
472541
473542 (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.)
474543
475544 OPTIONAL ESTATE PLANNING POWERS
476545
477546 YOU SHOULD SEEK LEGAL ADVICE BEFORE INCLUDING THE FOLLOWING POWERS:
478547
479548 (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.)
480549
481550 My agent MAY NOT do any of the following specific acts UNLESS I HAVE INITIALED the specific authority listed below:
482551
483552
484553
485- (O) Create, amend, revoke or terminate an inter vivos trust, ( )
486- provided in the case of a trust established for a disabled
487- person pursuant to 42 USC 1396p (d)(4)(A) or 42 USC
488- 1396p (d)(4)(C), the creation of such trust by an agent
489- shall be only as permitted by federal law;
490- (P) Make a gift, subject to the limitations of the Connecticut ( )
491- Uniform Power of Attorney Act and any special
492- instructions in this power of attorney. Unless otherwise
493- provided in the special instructions, gifts per recipient
494- may not exceed the annual dollar limits of the federal
495- gift tax exclusion under Internal Revenue Code Section
496- 2503(b), or if the principal's spouse agrees to consent to a
497- split gift pursuant to Internal Revenue Code Section
498- 2513, in an amount per recipient not to exceed twice the
499- annual federal gift tax exclusion limit. In addition, an
500- agent must determine that gifts are consistent with the
501- principal's objectives if actually known by the agent and,
502- if unknown, as the agent determines is consistent with
503- the principal's best interest based on all relevant factors;
504- (Q) Create or change rights of survivorship; ( )
505- (R) Create or change a beneficiary designation; ( )
506- [(S) Authorize another person to exercise the authority ( )
507- granted under this power of attorney; ]
508- [(T)] (S) Waive the principal's right to be a beneficiary of a joint ( )
509- and survivor annuity, including a survivor benefit under
510- a retirement plan;
511- [(U)] (T) Exercise fiduciary powers that the principal has authority ( )
512- to delegate;
513- [(V)] (U) Disclaim or refuse an interest in property, including a ( )
514- power of appointment.
515- (V) Exercise all powers I may have over any digital device, ( )
516- digital asset, user account and electronically stored
517- information, including any user account and digital
518- asset that currently exists or may exist as technology
519- develops, whether the same is in my own name or
520- that I own or lawfully use jointly with any other
521- individual; such powers include, but are not limited
522- to, changing and circumventing my username and
523- password to gain access to such user accounts and
524- information; transferring or withdrawing funds or
525- other digital assets among or from such user accounts;
526- opening new user accounts in my name; all as my
527- agent determines is necessary or advisable. I hereby
528- give my lawful consent and fully authorize my agent
529- to access, manage, control, delete and terminate any
530- electronically stored information and communications
531- of mine to the fullest extent allowable under the
532- federal Electronic Communications Privacy Act of
533- 1986, 18 USC 2510 et seq., as amended from time to
534- time, the Connecticut Revised Uniform Fiduciary
535- Access to Digital Assets Act and any other federal,
536- state or international privacy law or other law and to
537- take any actions I am authorized to take under all
538- applicable terms of service, terms of use, licensing and
539- other account agreements or laws. To the extent a
540- specific reference to any federal, state, local or
541- international law is required in order to give effect to
542- this provision, I specifically provide that my intention
543- is to so reference such law, whether such law is now
544- in existence or comes into existence or is amended
545- after the date of this document.
546- (W) With respect to any intellectual property interests of ( )
547- mine, including, without limitation, copyrights,
548- contracts for payments of royalties and trademarks,
549- act in all ways with respect to such interests as if my
550- agent were the owner thereof, including, without
551- limitation, registering ownership, transferring
552- ownership and recording documents to effectuate or
553- memorialize such transfer, granting and revoking
554- licenses, entering, terminating and enforcing
555- agreements, defending ownership and conferring
556- agency upon professionals to represent my interests
557- before governmental agencies, and in general, to
558- exercise all powers with respect to the intellectual
559- property that I could exercise if present.
554+T53 (O) Create, amend, revoke or terminate an inter vivos trust, ( )
555+T54 provided in the case of a trust established for a disabled
556+T55 person pursuant to 42 USC 1396p (d)(4)(A) or 42 USC
557+T56 1396p (d)(4)(C), the creation of such trust by an agent
558+T57 shall be only as permitted by federal law;
559+T58
560+T59 (P) Make a gift, subject to the limitations of the Connecticut ( )
561+T60 Uniform Power of Attorney Act and any special
562+T61 instructions in this power of attorney. Unless otherwise
563+T62 provided in the special instructions, gifts per recipient
564+T63 may not exceed the annual dollar limits of the federal
565+T64 gift tax exclusion under Internal Revenue Code Section
566+T65 2503(b), or if the principal's spouse agrees to consent to a
567+T66 split gift pursuant to Internal Revenue Code Section
568+T67 2513, in an amount per recipient not to exceed twice the
569+T68 annual federal gift tax exclusion limit. In addition, an
570+T69 agent must determine that gifts are consistent with the
571+T70 principal's objectives if actually known by the agent and,
572+T71 if unknown, as the agent determines is consistent with
573+T72 the principal's best interest based on all relevant factors;
574+T73
575+T74 (Q) Create or change rights of survivorship; ( )
576+T75
577+T76 (R) Create or change a beneficiary designation; ( )
578+T77
579+T78 [(S) Authorize another person to exercise the authority ( )
580+T79 granted under this power of attorney;]
581+T80
582+T81 [(T)] (S) Waive the principal's right to be a beneficiary of a joint ( )
583+T82 and survivor annuity, including a survivor benefit under
584+T83 a retirement plan;
585+T84
586+T85 [(U)] (T) Exercise fiduciary powers that the principal has authority ( )
587+T86 to delegate;
588+T87
589+T88 [(V)] (U) Disclaim or refuse an interest in property, including a ( )
590+T89 power of appointment.
591+T90
592+T91 (V) To exercise all powers I may have over any digital ( )
593+T92 device, digital asset, user account and electronically
594+T93 stored information of mine (including user accounts
595+T94 and digital assets that currently exist or may exist as
596+T95 technology develops), whether the same are in my own
597+T96 name or that I own or lawfully use jointly with anyone
598+T97 else; such powers include, but are not limited to,
599+T98 changing and circumventing my username and
600+T99 password to gain access to such user accounts and
601+T100 information; transferring or withdrawing funds or other
602+T101 digital assets among or from such user accounts; and to
603+T102 open new user accounts in my name; all as my Agent
604+T103 determines is necessary or advisable. I hereby give my
605+T104 lawful consent and fully authorize my Agent to access,
606+T105 manage, control, delete and terminate any electronically
607+T106 stored information and communications of mine to the
608+T107 fullest extent allowable under the Electronic
609+T108 Communications Privacy Act, 18 USC 2510, as amended
610+T109 from time to time, the Connecticut Revised Uniform
611+T110 Fiduciary Access to Digital Assets Act and any other
612+T111 federal, state or international privacy or other laws and to
613+T112 take any actions I am authorized to take under all
614+T113 applicable terms of service, terms of use, licensing and
615+T114 other account agreements or laws. To the extent a specific
616+T115 reference to any federal, state, local or international law
617+T116 is required in order to give effect to this provision, I
618+T117 specifically provide that my intention is to so reference
619+T118 such law, whether it is now in existence or comes into
620+T119 existence or is amended after the date of this document.
621+T120
622+T121 (W) With respect to any intellectual property interests of ( )
623+T122 mine, including without limitation, copyrights, contracts
624+T123 for payments of royalties and trademarks, to act in all
625+T124 ways with respect to such interests as if my agent were
626+T125 the owner thereof, including without limitation,
627+T126 registering ownership, transferring ownership and
628+T127 recording documents to effectuate or memorialize such
629+T128 transfer, granting and revoking licenses, entering,
630+T129 terminating and enforcing agreements, defending
631+T130 ownership and conferring agency upon professionals to
632+T131 represent my interests before governmental agencies,
633+T132 and in general, to exercise all powers with respect to the
634+T133 intellectual property that I could if present.
635+
636+T53
560637
561638 (O)
562639
563640 Create, amend, revoke or terminate an inter vivos trust,
564641
565642 ( )
566643
644+T54
645+
567646 provided in the case of a trust established for a disabled
647+
648+T55
568649
569650 person pursuant to 42 USC 1396p (d)(4)(A) or 42 USC
570651
652+T56
653+
571654 1396p (d)(4)(C), the creation of such trust by an agent
572655
656+T57
657+
573658 shall be only as permitted by federal law;
659+
660+T58
661+
662+T59
574663
575664 (P)
576665
577666 Make a gift, subject to the limitations of the Connecticut
578667
579668 ( )
580669
670+T60
671+
581672 Uniform Power of Attorney Act and any special
673+
674+T61
582675
583676 instructions in this power of attorney. Unless otherwise
584677
678+T62
679+
585680 provided in the special instructions, gifts per recipient
681+
682+T63
586683
587684 may not exceed the annual dollar limits of the federal
588685
686+T64
687+
589688 gift tax exclusion under Internal Revenue Code Section
689+
690+T65
590691
591692 2503(b), or if the principal's spouse agrees to consent to a
592693
694+T66
695+
593696 split gift pursuant to Internal Revenue Code Section
697+
698+T67
594699
595700 2513, in an amount per recipient not to exceed twice the
596701
702+T68
703+
597704 annual federal gift tax exclusion limit. In addition, an
705+
706+T69
598707
599708 agent must determine that gifts are consistent with the
600709
710+T70
711+
601712 principal's objectives if actually known by the agent and,
713+
714+T71
602715
603716 if unknown, as the agent determines is consistent with
604717
718+T72
719+
605720 the principal's best interest based on all relevant factors;
721+
722+T73
723+
724+T74
606725
607726 (Q)
608727
609728 Create or change rights of survivorship;
610729
611730 ( )
612731
732+T75
733+
734+T76
735+
613736 (R)
614737
615738 Create or change a beneficiary designation;
616739
617740 ( )
741+
742+T77
743+
744+T78
618745
619746 [(S)
620747
621748 Authorize another person to exercise the authority
622749
623750 ( )
624751
752+T79
753+
625754 granted under this power of attorney;]
755+
756+T80
757+
758+T81
626759
627760 [(T)] (S)
628761
629762 Waive the principal's right to be a beneficiary of a joint
630763
631764 ( )
632765
766+T82
767+
633768 and survivor annuity, including a survivor benefit under
634769
770+T83
771+
635772 a retirement plan;
773+
774+T84
775+
776+T85
636777
637778 [(U)] (T)
638779
639780 Exercise fiduciary powers that the principal has authority
640781
641782 ( )
642783
784+T86
785+
643786 to delegate;
787+
788+T87
789+
790+T88
644791
645792 [(V)] (U)
646793
647794 Disclaim or refuse an interest in property, including a
648795
649796 ( )
650797
798+T89
799+
651800 power of appointment.
801+
802+T90
803+
804+T91
652805
653806 (V)
654807
655-Exercise all powers I may have over any digital device,
808+To exercise all powers I may have over any digital
656809
657810 ( )
658811
659- digital asset, user account and electronically stored
812+T92
660813
661- information, including any user account and digital
814+ device, digital asset, user account and electronically
662815
663- asset that currently exists or may exist as technology
816+T93
664817
665- develops, whether the same is in my own name or
818+ stored information of mine (including user accounts
666819
667- that I own or lawfully use jointly with any other
820+T94
668821
669- individual; such powers include, but are not limited
822+ and digital assets that currently exist or may exist as
670823
671- to, changing and circumventing my username and
824+T95
825+
826+ technology develops), whether the same are in my own
827+
828+T96
829+
830+ name or that I own or lawfully use jointly with anyone
831+
832+T97
833+
834+ else; such powers include, but are not limited to,
835+
836+T98
837+
838+ changing and circumventing my username and
839+
840+T99
672841
673842 password to gain access to such user accounts and
674843
675- information; transferring or withdrawing funds or
844+T100
676845
677- other digital assets among or from such user accounts;
846+ information; transferring or withdrawing funds or other
678847
679- opening new user accounts in my name; all as my
848+T101
680849
681- agent determines is necessary or advisable. I hereby
850+ digital assets among or from such user accounts; and to
682851
683- give my lawful consent and fully authorize my agent
852+T102
684853
685- to access, manage, control, delete and terminate any
854+ open new user accounts in my name; all as my Agent
686855
687- electronically stored information and communications
856+T103
688857
689- of mine to the fullest extent allowable under the
858+ determines is necessary or advisable. I hereby give my
690859
691- federal Electronic Communications Privacy Act of
860+T104
692861
693- 1986, 18 USC 2510 et seq., as amended from time to
862+ lawful consent and fully authorize my Agent to access,
694863
695- time, the Connecticut Revised Uniform Fiduciary
864+T105
696865
697- Access to Digital Assets Act and any other federal,
866+ manage, control, delete and terminate any electronically
698867
699- state or international privacy law or other law and to
868+T106
869+
870+ stored information and communications of mine to the
871+
872+T107
873+
874+ fullest extent allowable under the Electronic
875+
876+T108
877+
878+ Communications Privacy Act, 18 USC 2510, as amended
879+
880+T109
881+
882+ from time to time, the Connecticut Revised Uniform
883+
884+T110
885+
886+ Fiduciary Access to Digital Assets Act and any other
887+
888+T111
889+
890+ federal, state or international privacy or other laws and to
891+
892+T112
700893
701894 take any actions I am authorized to take under all
702895
896+T113
897+
703898 applicable terms of service, terms of use, licensing and
704899
705- other account agreements or laws. To the extent a
900+T114
706901
707- specific reference to any federal, state, local or
902+ other account agreements or laws. To the extent a specific
708903
709- international law is required in order to give effect to
904+T115
710905
711- this provision, I specifically provide that my intention
906+ reference to any federal, state, local or international law
712907
713- is to so reference such law, whether such law is now
908+T116
714909
715- in existence or comes into existence or is amended
910+ is required in order to give effect to this provision, I
716911
717- after the date of this document.
912+T117
913+
914+ specifically provide that my intention is to so reference
915+
916+T118
917+
918+ such law, whether it is now in existence or comes into
919+
920+T119
921+
922+ existence or is amended after the date of this document.
923+
924+T120
925+
926+T121
718927
719928 (W)
720929
721930 With respect to any intellectual property interests of
722931
723932 ( )
724933
725- mine, including, without limitation, copyrights,
934+T122
726935
727- contracts for payments of royalties and trademarks,
936+ mine, including without limitation, copyrights, contracts
728937
729- act in all ways with respect to such interests as if my
938+T123
730939
731- agent were the owner thereof, including, without
940+ for payments of royalties and trademarks, to act in all
732941
733- limitation, registering ownership, transferring
942+T124
734943
735- ownership and recording documents to effectuate or
944+ ways with respect to such interests as if my agent were
736945
737- memorialize such transfer, granting and revoking
946+T125
738947
739- licenses, entering, terminating and enforcing
948+ the owner thereof, including without limitation,
740949
741- agreements, defending ownership and conferring
950+T126
742951
743- agency upon professionals to represent my interests
952+ registering ownership, transferring ownership and
744953
745- before governmental agencies, and in general, to
954+T127
746955
747- exercise all powers with respect to the intellectual
956+ recording documents to effectuate or memorialize such
748957
749- property that I could exercise if present.
958+T128
750959
751-Second: LIMITATION ON AGENT'S AUTHORITY
960+ transfer, granting and revoking licenses, entering,
752961
753-An agent MAY NOT use my property to benefit the agent or a dependent of the agent, except to the extent that I have included such authority elsewhere in this document.
962+T129
754963
755-Third: 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.
964+ terminating and enforcing agreements, defending
756965
757-[Third] Fourth: Hereby ratifying and confirming all that said agent(s) or substitute(s) do or cause to be done.
966+T130
758967
759-[Fourth: LIMITATION ON AGENT'S AUTHORITY
968+ ownership and conferring agency upon professionals to
760969
761-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. ]
970+T131
971+
972+ represent my interests before governmental agencies,
973+
974+T132
975+
976+ and in general, to exercise all powers with respect to the
977+
978+T133
979+
980+ intellectual property that I could if present.
981+
982+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.
983+
984+Third: Hereby ratifying and confirming all that said agent(s) or substitute(s) do or cause to be done.
985+
986+Fourth: LIMITATION ON AGENT'S AUTHORITY
987+
988+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.
762989
763990 Fifth: DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
764991
765992 If my agent is unable or unwilling to act for me, I name as my successor agent:
766993
767994
768995
769- Name of Successor Agent: ____________________________
770- Successor Agent's Address: __________________________
996+T134 Name of Successor Agent: ____________________________
997+T135
998+T136 Successor Agent's Address: __________________________
999+
1000+T134
7711001
7721002 Name of Successor Agent: ____________________________
1003+
1004+T135
1005+
1006+T136
7731007
7741008 Successor Agent's Address: __________________________
7751009
7761010 If my successor agent is unable or unwilling to act for me, I name as my second successor agent:
7771011
7781012
7791013
780- Name of Second Successor Agent: ____________________________
781- Second Successor Agent's Address: ___________________________
1014+T137 Name of Second Successor Agent: ____________________________
1015+T138
1016+T139 Second Successor Agent's Address: ___________________________
1017+
1018+T137
7821019
7831020 Name of Second Successor Agent: ____________________________
7841021
1022+T138
1023+
1024+T139
1025+
7851026 Second Successor Agent's Address: ___________________________
7861027
787-Sixth: DESIGNATION OF CONSERVATOR OF ESTATE (OPTIONAL)
788-
789-If a conservator of my estate should be appointed, I designate that …. be appointed to serve as conservator of my estate. If …. is unable to serve or cease to serve as conservator of my estate, I designate that …. be appointed to serve as conservator of my estate.
790-
791-I direct that bond for the conservator of my estate, including any sureties thereon …. be required …. not be required.
792-
793-[Sixth] Seventh: EFFECTIVE DATE
1028+Sixth: EFFECTIVE DATE
7941029
7951030 This power of attorney is effective immediately unless I have stated otherwise in the special instructions.
7961031
7971032 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.
7981033
7991034 In Witness Whereof I have hereunto signed my name and affixed my seal this .... day of ...., 20...
8001035
8011036 .... (Signature of Principal) (Seal)
8021037
8031038
8041039
1040+T140 ....
1041+T141 Witness
1042+T142
1043+T143 ....
1044+T144 Witness
8051045
806- . . . .
807- Witness
808- . . . .
809- Witness
1046+T140
8101047
8111048 ....
8121049
1050+T141
1051+
8131052 Witness
8141053
1054+T142
1055+
1056+T143
1057+
8151058 ....
1059+
1060+T144
8161061
8171062 Witness
8181063
8191064
8201065
821- STATE OF }
822- ss:
823- COUNTY OF
1066+T145 STATE OF }
1067+T146 ss:
1068+T147 COUNTY OF
1069+
1070+T145
8241071
8251072 STATE OF
8261073
8271074 }
8281075
1076+T146
1077+
8291078 ss:
1079+
1080+T147
8301081
8311082 COUNTY OF
8321083
8331084 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.
8341085
8351086 ....
8361087
8371088 Commissioner of the Superior Court
8381089
8391090 Notary Public
8401091
8411092 My commission expires: ...."
8421093
843-Sec. 13. Subsection (a) of section 45a-660 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
1094+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):
8441095
845-(a) (1) A conserved person may, at any time, petition the [court of probate] Probate Court having jurisdiction for the termination of a conservatorship. A petition for termination of a conservatorship shall be determined by a preponderance of the evidence. The conserved person shall not be required to present medical evidence at such a hearing. A hearing on the petition shall be held not later than thirty days after the date the petition was filed in the [Court of Probate] Probate Court, unless the hearing is continued for good cause. If such hearing is not held within such thirty-day period or continuance period, if applicable, the conservatorship shall terminate. If the [court of probate] Probate Court having jurisdiction finds a conserved person to be capable of caring for himself or herself, the court shall, upon hearing and after notice, order that the conservatorship of the person be terminated. If the court finds upon hearing and after notice which the court prescribes, that a conserved person is capable of managing his or her own affairs, the court shall order that the conservatorship of the estate be terminated and that the remaining portion of the conserved person's property be restored to the conserved person. [The] Unless the court determines that reinstatement is not in the best interests of the conserved person, the court [may] shall order the reinstatement of any authority of any agent under a power of attorney that was previously limited or suspended by the court because of the conservatorship. (2) If the court finds upon hearing and after notice which the court prescribes that a conserved person has no assets of any kind remaining except for that amount allowed by subsection (c) of section 17b-80, the court may order that the conservatorship of the estate be terminated. The court shall thereupon order distribution of the remaining assets to the conservator of the person or, if there is no conservator or the conservator declines or is unable to accept or the conservator is the Commissioner of Social Services, to some suitable person, to be determined by the court, to hold for the benefit of the conserved person, upon such conservator or person giving such probate bond, if any, as the court orders. (3) If any conserved person having a conservator dies, the conserved person's property other than property which has accrued from the sale of the conserved person's real property shall be delivered to the conserved person's executor or administrator. The unexpended proceeds of the conserved person's real property sold as aforesaid shall go into the hands of the executor or administrator, to be distributed as such real property would have been.
1096+(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.
8461097
847-Sec. 14. Subsection (b) of section 45a-334g of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):
8481098
849-(b) A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under sections 45a-334b to 45a-334s, inclusive. A custodian that is a financial institution, as defined in section 36a-41, may charge a fee that is set forth in such institution's deposit agreement with a customer.
1099+
1100+
1101+This act shall take effect as follows and shall amend the following sections:
1102+Section 1 October 1, 2017 New section
1103+Sec. 2 October 1, 2017 New section
1104+Sec. 3 October 1, 2017 New section
1105+Sec. 4 October 1, 2017 New section
1106+Sec. 5 October 1, 2017 New section
1107+Sec. 6 October 1, 2017 New section
1108+Sec. 7 October 1, 2017 New section
1109+Sec. 8 October 1, 2017 New section
1110+Sec. 9 October 1, 2017 New section
1111+Sec. 10 October 1, 2017 New section
1112+Sec. 11 July 1, 2017 1-352(a)
1113+Sec. 12 July 1, 2017 47-5(a)
1114+
1115+This act shall take effect as follows and shall amend the following sections:
1116+
1117+Section 1
1118+
1119+October 1, 2017
1120+
1121+New section
1122+
1123+Sec. 2
1124+
1125+October 1, 2017
1126+
1127+New section
1128+
1129+Sec. 3
1130+
1131+October 1, 2017
1132+
1133+New section
1134+
1135+Sec. 4
1136+
1137+October 1, 2017
1138+
1139+New section
1140+
1141+Sec. 5
1142+
1143+October 1, 2017
1144+
1145+New section
1146+
1147+Sec. 6
1148+
1149+October 1, 2017
1150+
1151+New section
1152+
1153+Sec. 7
1154+
1155+October 1, 2017
1156+
1157+New section
1158+
1159+Sec. 8
1160+
1161+October 1, 2017
1162+
1163+New section
1164+
1165+Sec. 9
1166+
1167+October 1, 2017
1168+
1169+New section
1170+
1171+Sec. 10
1172+
1173+October 1, 2017
1174+
1175+New section
1176+
1177+Sec. 11
1178+
1179+July 1, 2017
1180+
1181+1-352(a)
1182+
1183+Sec. 12
1184+
1185+July 1, 2017
1186+
1187+47-5(a)
1188+
1189+Statement of Legislative Commissioners:
1190+
1191+In Section 8 "uniform" was deleted for statutory consistency.
1192+
1193+
1194+
1195+JUD Joint Favorable Subst. -LCO
1196+
1197+JUD
1198+
1199+Joint Favorable Subst. -LCO