This is the next post in my series on creating a power of attorney in Hartford, Connecticut. My last article provided an overview of topics which this series will be addressing. It also stressed the importance of speaking to a lawyer immediately if you are interested in creating a power of attorney. It is suggested that you speak with counsel immediately as they can help you follow all necessary steps and make sure your power of attorney is both valid and meets your goals. In this article we will discuss how to ensure that your power of attorney follows proper form. If you or a family member are in need of assistance then contact us today to speak with an estate planning lawyer.
In order to establish power of attorney in Connecticut, the documents must follow proper form
When establishing a power of attorney, there are certain requirements that must be met in order for the authority to be valid. Connecticut law, for example, requires a power of attorney to be signed in front of two witnesses and notarized in order to be considered enforceable. Furthermore, the document must clearly spell out the type and level of authority which is being granted. It must also state the date on which it will become effective. The document may also become active as a result of a defined triggering event. Furthermore, the delegation of authority can be open-ended, in that it has no automatic expiration, or an expiration may be defined through a date or triggering event. A poorly drafted power of attorney can result in the agent having more or less authority than intended. This authority may also last for a longer, or shorter, period of time than intended.
This is best explained by way of example. Suppose a man is an art investor and he is going out of town for a brief trip out of the country. While he is gone, he will be largely inaccessible but would like someone to be able to sell particular pieces of art to a potential buyer. The individual, without seeking help from counsel, completes a power of attorney giving his nephew authority over his “art collection.” The intention of this was for the nephew to complete the specific transactions. The nephew, however, sells additional pieces which the man did not wish to leave the collection. Furthermore, the pieces were sold for less than fair value. While frustrating, the man would likely not be able to take action against the nephew as he granted power of attorney over his entire collection. It is important to remember, however, that the potential legal relief in any given case will always depend on the specifics of the situation.
A power of attorney can be challenged in a Connecticut probate court on the grounds that it follows improper form
A power of attorney can be challenged if it follows improper form. The process for doing so first entails filing a petition with the probate court to stop any potential transactions from happening. Shortly after filing, the petitioner can request the court to grant an injunction against the agent’s authority to act on behalf of the principal. Following this, the case will proceed like a regular lawsuit. Depending on the circumstances, certain transactions can also be voided. For instance, this can happen if the probate court finds that the agent abused their powers. The principal can also seek damages from the agent in these situations. However, these cases are often very complex and entail complicated legal principles. As a result, it is crucial to consult with counsel when seeking to establish a power of attorney.
Retaining an attorney can help you better understand your situation. An experienced lawyer can help you prepare the documents that accomplish your objectives. Our firm has over fifty years of experience in estate administration and other matters in Hartford, Connecticut. Contact us online or by telephone today to schedule an initial consultation. We also service the areas of Wethersfield, New Britain, Rocky Hill, East and West Hartford, Bristol, Glastonbury, Manchester, and the Middlesex County cities of Middletown and Cromwell.
