A durable power of attorney is a legal document that a person (the principal, grantor, or donor) signs to appoint another person as the grantor’s agent or attorney-in-fact—with authority to make financial and property-related decisions on behalf of the principal—including transactions involving business interests, investments, insurance, taxes, bills, real estate, stocks, bonds, commodities, personal property, Social Security, Medicare, Medicaid, and other financial matters.
A traditional power of attorney is effective only while the principal has full mental capacity, but a durable power of attorney remains effective if the principal becomes physically or mentally disabled or incapacitated (incompetent) from a stroke, Alzheimer’s disease, an automobile accident, or other cause. In some states the legislature has provided a form durable power of attorney in a statute (law) and the document may be referred to as a statutory durable power of attorney.
In Connecticut, a Durable Power of Attorney (DPOA) is a legal instrument that allows an individual, known as the principal, to designate another person, called the agent or attorney-in-fact, to manage their financial affairs. This authority can include handling business matters, investments, insurance, taxes, and real estate transactions, among other financial decisions. Unlike a traditional power of attorney, which becomes invalid if the principal loses mental capacity, a DPOA remains in effect even if the principal becomes incapacitated due to conditions like stroke, Alzheimer's disease, or injury. Connecticut law provides specific provisions for the creation and use of a DPOA, ensuring that the document meets legal requirements to be effective. It is important for individuals to execute a DPOA in accordance with Connecticut statutes to ensure that their financial matters can be managed according to their wishes in the event they are unable to do so themselves.