What is a Power of Attorney?

Whether you are in your 40s, 50s, or older, it is critical to think about estate planning and the documents that you will need to have in place to protect yourself and your family. One important type of document is the power of attorney (often simply called a POA), and it is important to understand that there are multiple kinds of powers of attorney available in Connecticut, and you will likely want to have one or more of them in place. Powers of attorney essentially allow another person you trust to make certain decisions for you or to act on your behalf, and they are an essential component of estate planning. Our Canton estate planning lawyers can tell you more.

Defining a Power of Attorney 

Under Connecticut law, the term “power of attorney” means “a writing or other record that grants authority to an agency to act in the place of the principal, whether or not the term power of attorney is used.” Now, if you do not have any familiarity with the legal terminology used in this definition, you might be confused about what a power of attorney is and what it does.

In short, do you want to be able to give another person to make financial decisions for you, or to pay your bills if you are unable to do so yourself or if you need help handling particular financial issues? Or, do you want to allow another person to make important health care decisions for you if you become incapacitated and cannot voice your own wishes about your health care? In these types of circumstances, you will want to have a power of attorney. The person who creates a power of attorney and gives another person authority to act on their behalf is known as the “principal.” The person to whom the authority is granted is known as the “agent.”

Types of Powers of Attorney in Connecticut 

There are different types of powers of attorney in Connecticut, and they are used for different reasons. In general, the types of powers of attorney that can be created in Connecticut include:

• Financial power of attorney (in which a principal gives an agent the authority to make financial decisions on their behalf); and
• Health care power of attorney (in which a principal gives an agent the authority to make health care decisions on their behalf).

Powers of attorney are typically “durable,” which means they remain in effect even when the principal becomes legally incapacitated. They can take effect at different times, including immediately, or upon the principal’s incapacitation.

Contact a Connecticut Estate Planning Attorney 

If you have not previously created a power of attorney document and have questions or need assistance, it is important to get in touch with an experienced Canton estate planning lawyer at the Law Office of Brian S. Karpe. Powers of attorney are essential documents that can help protect you, your assets, and your health care by entrusting these critical matters to a trustworthy loved one. Contact us today to find out more about how we can assist you with all elements of estate planning in Connecticut, including the creation of powers of attorney.

Source:

cga.ct.gov/current/pub/chap_015c.htm