Power of attorney, health care directive and guardianship in Connecticut

Financial power of attorney in Connecticut

Law and official form

Law

Connecticut Uniform Power of Attorney Act

Uniform Power of Attorney Act

Yes (effective October 1, 2016)

Official form

Durable Statutory Power of Attorney - Short Form and Long Form (Conn. Gen. Stat. 1-352)Published by Connecticut General Assembly

You do not have to use it.

You do not have to use these forms; any other form may be used. The statutory short and long forms say they must be acknowledged by you in the manner for acknowledging a conveyance of real property (before a notary or commissioner of the Superior Court), and they have lines for two witnesses. Neither form covers health care decisions.

Law: Conn. Gen. Stat. 1-350 to 1-353b (P.A. 15-240; P.A. 16-40); Conn. Gen. Stat. 1-352

Signing rules

How to sign

A power of attorney must be dated, signed by you (or for you in your presence at your direction) and witnessed by two witnesses. A notary is not required by the Act, but a signature acknowledged before a notary or commissioner of the Superior Court is presumed genuine, and the statutory short and long forms call for acknowledgment.

Who signs

Dated and signed by you, or by another person who signs your name in your conscious physical presence at your direction.

Notary

Not required

Witnesses

2

Agent's acknowledgment

No separate acceptance form is required. An agent accepts by acting under the power of attorney or by other conduct showing acceptance.

Law: Conn. Gen. Stat. 1-350l

Law: Conn. Gen. Stat. 1-350d, 1-352

Durable and springing

Is it durable?

A power of attorney is durable unless it expressly says it ends when you become incapacitated.

Law: Conn. Gen. Stat. 1-350c

Durable unless it says otherwise?

Yes: it continues if you lose capacity unless it says otherwise.

Starting later (springing)

It can start on a future date or event. If it starts on your incapacity and you named no one to decide, it starts when two independent physicians determine in writing that you are incapacitated (or a judge, if you are missing, detained or outside the U.S.). The statute includes an optional affidavit form for a person you authorize to confirm the event.

Law: Conn. Gen. Stat. 1-350h

What an agent can and cannot do

Needs express permission

• Create, amend, revoke or terminate an inter vivos trust
• Make a gift
• Create or change rights of survivorship
• Create or change a beneficiary designation
• Waive your right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan
• Exercise fiduciary powers that you have authority to delegate
• Disclaim property, including a power of appointment
• Exercise powers over your digital devices, digital assets, user accounts and electronically stored information
• Act with respect to your intellectual property
• Unless the document says otherwise, an agent may not use these powers to create an interest in your property for the agent or the agent's dependent

Law: Conn. Gen. Stat. 1-351(a), (b)

Agent duties, pay and court review

Agent duties

• Act in line with your reasonable expectations, make reasonable efforts to learn them, and otherwise act in your best interest
• Act in good faith
• Act only within the authority the document gives
• Act loyally for your benefit and avoid conflicts of interest
• Act with care, competence and diligence
• Keep a record of all receipts, payments and transactions
• Cooperate with your health care decision-maker
• Try to preserve your estate plan if the agent knows it and it is in your best interest

Agent pay

Unless the power of attorney says otherwise, the agent is entitled to reimbursement of reasonable expenses and to compensation that is reasonable under the circumstances.

Law: Conn. Gen. Stat. 1-350k

Asking a court to review an agent

You, your agent, a guardian or conservator, your health care decision-maker, your spouse, parent or descendant, a presumptive heir, a beneficiary, a representative of the Department of Social Services' Protective Services for the Elderly, your caregiver or another interested person, or a person asked to accept the power of attorney can petition the Probate Court to construe it, review the agent's conduct or compel an accounting.

Law: Conn. Gen. Stat. 1-350o, 45a-175(d)

Law: Conn. Gen. Stat. 1-350m

When it ends and how to revoke it

It ends when

• You die
• You become incapacitated, if the power of attorney is not durable
• You revoke it
• It says it ends, or its purpose is accomplished
• You revoke the agent's authority, or the agent dies, becomes incapacitated or resigns, and no other agent is named
• A court terminates it after appointing a conservator of your estate
• For the agent's authority: an action is filed to dissolve or annul the agent's marriage to you, or for legal separation, unless the document says otherwise

Divorce ends a spouse's authority

Yes · Divorce rules in Connecticut (Divorce Law Map)

How to revoke

You can revoke the power of attorney or your agent's authority. The Act does not set a required method of revocation.

Telling others

A revocation does not affect an agent or another person who, without actual knowledge of it, acts in good faith under the power of attorney.

Law: Conn. Gen. Stat. 1-350g, 1-350i; Conn. Gen. Stat. 1-350i

Banks, other states and real estate

Banks and other businesses

A person asked to accept an acknowledged power of attorney must accept it, or ask for an agent's certification, translation or lawyer's opinion, within 7 business days, and must then accept it within 5 business days after receiving it. They may not demand a different form. Exceptions include good-faith doubts and reports of suspected abuse to the Department of Social Services. A probate court or court of general jurisdiction can order acceptance and award reasonable attorney's fees and costs to the prevailing party.

Law: Conn. Gen. Stat. 1-350r, 1-350s

Signed in another state

A power of attorney signed outside Connecticut is valid if its execution complied with the law of the place that governs it or with the federal military power of attorney rules. A photocopy or electronically sent copy has the same effect as the original unless the document or another statute says otherwise. Connecticut has also adopted the Uniform Recognition of Substitute Decision-Making Documents Act.

Law: Conn. Gen. Stat. 1-350e; Conn. Gen. Stat. 1-360 to 1-369

Health care directive in Connecticut

The document and its form

Document

Appointment of health care representative (can be combined with a living will)

Official form

Health care instructions, appointment of health care representative, designation of conservator and anatomical gift - combined form (Conn. Gen. Stat. 19a-575a)Published by Connecticut Office of the Attorney GeneralVersion: Attorney General combined form, file dated 2006 ('advdirectivescombinedform2006alt'); the statutory form text was later amended (pregnancy instructions 2018, APRN references 2018, technical change 2019)

You do not have to use it.

Living will

Living will (document concerning health care and withholding or withdrawal of life support systems)

Part of the directive.

You can write health care instructions, including about life support, either in a separate living will or in the combined document with your health care representative. A living will must be signed and dated with at least two witnesses.

Law: Conn. Gen. Stat. 19a-575a, 19a-577; Conn. Gen. Stat. 19a-575, 19a-575a

Signing rules

How to sign

Sign and date the document in front of two adult witnesses, who also sign. Your health care representative cannot be a witness. Notarization is not required; the witnesses may optionally sign a sworn affidavit, which makes the document easier to prove.

Who signs

Signed and dated by you.

Notary

Not required

Witnesses

2

Who cannot witness

Two adult witnesses must sign. The person you appoint as health care representative cannot be a witness.

Nursing facilities and special settings

If you live in a facility operated or licensed by the Department of Mental Health and Addiction Services, at least one witness must not be affiliated with the facility and at least one must be a physician, APRN or licensed clinical psychologist with specialized training in treating mental illness. If you live in a facility operated or licensed by the Department of Developmental Services, the same applies with training in developmental disabilities.

Law: Conn. Gen. Stat. 19a-575, 19a-575a, 19a-576, 19a-578

Who can be your agent and what the agent can do

Who cannot be your agent

If you are a patient or resident of, or have applied to, a hospital, residential care home, rest home with nursing supervision or chronic and convalescent nursing home, you cannot appoint its operator, administrator or employee, and you cannot appoint an administrator or employee of a government agency financially responsible for your care, unless the person is related to you by blood, marriage or adoption. A physician or APRN cannot be both your health care representative and your attending physician or APRN.

Law: Conn. Gen. Stat. 19a-576

When the agent starts

A living will or appointment of health care representative becomes operative when it is given to your attending physician or APRN and they determine that you are incapacitated. The representative can ask for that determination in writing.

Law: Conn. Gen. Stat. 19a-579

Decisions an agent cannot make

The statutory forms let the representative make health care decisions, including about life support, except as otherwise provided by law, such as for psychosurgery or shock therapy. Unless a court orders otherwise, a health care representative's decisions take precedence over a conservator's, with exceptions for certain psychiatric and criminal-court commitments.

Law: Conn. Gen. Stat. 19a-575a, 19a-577; Conn. Gen. Stat. 19a-580e

Revoking and conflicting documents

Revoking your agent

An appointment of a health care representative can be revoked only by you, in a writing signed by you and two witnesses. Revoking the appointment does not by itself revoke your living will.

Law: Conn. Gen. Stat. 19a-575a(b)

Revoking your instructions

You can revoke a living will at any time and in any manner, whatever your mental or physical condition.

Law: Conn. Gen. Stat. 19a-579a

Telling others

Your attending physician or other provider must put the revocation in your medical record. A person who acts on the document without knowing of the revocation is protected.

Law: Conn. Gen. Stat. 19a-575a, 19a-579a

Divorce ends a spouse's authority

Yes · Divorce rules in Connecticut (Divorce Law Map)

Law: Conn. Gen. Stat. 19a-575a, 19a-579a, 19a-579b

If you have no directive

Who decides without a directive

Connecticut has no general statutory list of who decides for you if you have no health care representative. Before removing or withholding life support, the attending physician or APRN must consider your wishes, including by consulting your health care representative, next of kin, legal guardian or conservator, a person you designated under section 1-56r, and others you told your wishes to.

Law: Conn. Gen. Stat. 19a-571, 19a-580

Law: Conn. Gen. Stat. 19a-571, 19a-580

Other states, registry and medical orders

Signed in another state

Health care instructions or a health care proxy signed under another state's (or a foreign country's) law, or under Connecticut law, are valid if not contrary to Connecticut public policy. A provider may rely on a court order, a notarized statement that the document is valid where made, or its own good-faith legal analysis.

Law: Conn. Gen. Stat. 19a-580g

POLST (medical orders)

Medical Order for Life-Sustaining Treatment (MOLST)

Law: Conn. Gen. Stat. 19a-580h

Guardianship and conservatorship in Connecticut

What guardianship or conservatorship is

What it is called

Conservator of the person, conservator of the estate (voluntary representation, involuntary representation, temporary conservator)

When a court may appoint one

The court may appoint a conservator of the estate or of the person only if it finds by clear and convincing evidence that the person is incapable of managing their affairs or of caring for themselves, that this cannot be handled adequately without a conservator, and that a conservator is the least restrictive means of intervention available. No conservator may be appointed if the person's needs are being met adequately by an agent under a power of attorney or a health care representative.

Law: Conn. Gen. Stat. 45a-650(f)

Kinds

• Voluntary representation (conservator at the person's own request, without a finding of incapacity)
• Involuntary conservator of the person, of the estate, or both
• Temporary conservator (up to 30 days unless extended)
• Guardianship for an adult with intellectual disability

Law: Conn. Gen. Stat. 45a-644 to 45a-663; Conn. Gen. Stat. 45a-106a; Conn. Gen. Stat. 45a-111

Who can ask, which court and your own choice

Who may ask

Any person may file an application for involuntary representation, stating why the person is incapable. An adult can ask for a conservator for themselves (voluntary representation, 45a-646). A temporary conservator can be sought by anyone the court finds has sufficient interest, such as a spouse or relative (45a-654).

Law: Conn. Gen. Stat. 45a-648

Court

Probate Court for the district where the respondent resides, is domiciled or is located when the application is filed.

Choosing your own

While of sound mind you can designate in writing who you want as conservator or successor conservator. The writing must be signed, witnessed and revoked like a will or like a power of attorney under section 1-350d, and the person you designate cannot be a witness. You can also nominate in a power of attorney (1-350g) or the health care form (19a-575a). The court must appoint your nominee unless the person is unwilling or unable to serve or there is substantial evidence to disqualify them (45a-650(h)).

Law: Conn. Gen. Stat. 45a-645

Effect on a power of attorney

When it appoints a conservator of the estate, the court may continue, limit, suspend or terminate the power of attorney. If it continues, the agent also accounts to the conservator; a suspended power of attorney is reinstated if the conservatorship ends because you regain capacity.

Law: Conn. Gen. Stat. 1-350g(b), 45a-650(k)

Cost, fee waiver and forms

Filing fee

$250 to file an application to appoint a conservator, temporary conservator or special limited conservator.

Law: Conn. Gen. Stat. 45a-106a(b)

Fee waiver

Request/Order - Waiver of Fees (Petitioner), form PC-184; the court waives fees if it finds the applicant unable to pay.

Law: Conn. Gen. Stat. 45a-111(c)

Forms

• PC-300 Petition/Involuntary Appointment of Conservator (Rev. 1/21)
• PC-301 Petition/Voluntary Representation by Conservator
• PC-302 Petition/Appointment of Temporary Conservator
• PC-370 Physician's Evaluation/Conservatorship
• PC-184 Request/Order - Waiver of Fees (Petitioner)

Steps

Steps

Other options and where to report abuse

Supported decision-making

Connecticut has no supported decision-making law.

Less restrictive options

• Durable or springing power of attorney: An agent handles money and property. The court must consider whether the person already made such arrangements.
• Health care representative and living will: A person you choose makes medical decisions, guided by your written instructions.
• Trust: Property is managed by a trustee under the trust's terms.
• Support services, technology and other help: The court must consider supportive services, technologies or other means available to help the person meet their needs.

Report abuse or exploitation

Connecticut Department of Social Services - Protective Services for the Elderly · 1-888-385-4225

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Law: Special Act 26-12 (Substitute H.B. 5485, 2026)

Good to know in Connecticut

• Connecticut requires two witnesses for every power of attorney signed in the state since October 1, 2016; a notary is not required by the Act but is called for on the statutory short and long forms.

  Law: Conn. Gen. Stat. 1-350d, 1-352

• An appointment of a health care representative can be revoked only in a writing signed by you and two witnesses, while a living will can be revoked in any manner.

  Law: Conn. Gen. Stat. 19a-575a(b), 19a-579a

• A Probate Court may not appoint a conservator if your needs are already being met by your agent under a power of attorney or your health care representative.

  Law: Conn. Gen. Stat. 45a-650(f)(3)

• Connecticut has no supported decision-making statute; a 2026 Special Act created a study group.

  Law: Special Act 26-12

Changes in 2024–2026

P.A. 24-68 (effective May 28, 2024) removed the witness-signature requirement from the Medical Orders for Life-Sustaining Treatment (MOLST) program. P.A. 24-97 amended notice rules in conservatorship proceedings (section 45a-649). P.A. 23-161 (effective July 1, 2024) amended a conservatorship section in chapter 802h. Special Act 26-12 (signed June 2, 2026) created a working group to study supported decision-making. No 2024-2026 amendments were found in the Uniform Power of Attorney Act sections (1-350 to 1-353b).

Law: Conn. Gen. Stat. 19a-580h

Questions about powers of attorney in Connecticut