If you become incapacitated, the person you name as your power of attorney (POA) will make critical financial and legal decisions on your behalf. Choosing the wrong person can leave your assets exposed and your wishes ignored.
What a POA agent can do
A POA gives your chosen agent legal authority to act on your behalf. Under Connecticut General Statutes § 1-350c, a POA is durable by default, meaning it stays in effect even if you lose mental capacity.
That makes your choice of agent especially important. Your agent may be authorized to handle several types of tasks:
- Pay bills: Manage checking accounts and keep regular expenses current.
- Handle real estate: Buy or sell property on your behalf.
- File taxes: Submit returns and communicate with tax authorities.
- Manage investments: Oversee accounts and make financial decisions.
These powers are significant. The wrong agent can misuse them without immediate consequence.
Key qualities to look for
Trust is the most important factor. You need someone who will follow your wishes, not their own judgment or interests. Beyond trust, consider these qualities:
- Financial responsibility: They should handle money carefully and keep accurate records.
- Availability: They should be reachable and able to act when needed.
- Values alignment: They should understand your preferences on healthcare and finances.
- Willingness to serve: Confirm they accept the role before you finalize the document.
Once signed before two witnesses and a notary, the document is legally binding.
Name a backup agent
Your primary agent may become unavailable due to illness, conflict or distance. Always name a successor agent in your document. This prevents delays and keeps a court from appointing someone you may not have chosen.
Talk to your agent before you sign
Discuss your financial accounts, medical preferences and where your documents are stored. Your agent cannot act effectively without this information. Clear communication now prevents confusion later.
Getting your POA right
A POA document must meet Connecticut’s execution requirements to be valid. An attorney can help you select a qualified agent, draft a document that reflects your intentions and explain the scope of your agent’s authority. Speaking with a lawyer may clarify how these rules apply to your situation.