Finance
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Education
Instrument: Power of attorney or written notification
What is it for?
An adult student receiving special education services may notify the Board of Education in writing that the student’s parent will continue to exercise parental rights under the Individuals with Disabilities Education Act (IDEA) on behalf of the student. Conn. Agencies Regs. § 10-76d-12(e).
What does it do?
This written notification prevents parental rights under the IDEA from transferring to a student aged 18 years or older. In Connecticut, parental rights under the IDEA, including educational decision-making rights, generally transfer from parents to students when students turn 18 years old. Conn. Agencies Regs. § 10-76d-12(b).
How does one make it?
Connecticut’s regulations require merely that the writing indicate that the student’s parent
shall continue to have the right to make educational decisions on the student’s behalf and that the notification be provided to the State Board of Education.
If the student requires assistance to write or sign a notification, then the student may choose someone to write
it on their behalf.
When does it come into effect?
Presumably, the written notification comes into effect immediately.
How long does it last?
Presumably, the written notification remains in effect until the student revokes it or the student stops receiving special education services.
How does one end it?
A student may revoke the written notification at any time, although Connecticut’s regulations do not specify the means for doing so.
What does an example look like?
Neither the regulations nor Connecticut’s State Department of Education provides a sample notification.
What else should one know?
An adult student receiving special education services may also execute a power of attorney to give another adult educational decision-making authority. Conn. Agencies Regs. § 10-76d-12(h). For more information about powers of attorney, see the general entry for the power of attorney instrument in Connecticut.
Last updated April 2021
Health
Instrument: Appointment of Health Care Representative
What is it for?
Any person 18 years of age or older (the “declarant”) may execute a document that appoints a health care representative to make health care decisions for the declarant should they become unable to do so on their own.
What does it do?
The health care representative’s authority to make health care decision for the declarant in the event that the declarant becomes “incapacitated.” “Incapacitated” means “being unable to understand and appreciate the nature and consequences of health care decisions, including the benefits and disadvantages of such treatment, and to reach and communicate an informed decision regarding the treatment.” Conn. Gen. Stat. § 19a-570(7).
The health care representative is authorized to accept or refuse any treatment, service or procedure used to diagnose or treat the declarant’s physical or mental condition, except as otherwise provided by law, such as psychosurgery or electroshock therapy.
The declarant may also designate an alternative health care representative who may exercise the same authority should the health care representative be unavailable. Conn. Gen. Stat. § 19a-577.
Health care providers who receive a health care representative appointment must keep a copy of it in the declarant’s medical record. Conn. Gen. Stat. § 19a-578.
How does one make it?
A health care representative appointment must be in writing and signed and dated by the declarant in the presence of two adult witnesses, who must also sign the document. The witnesses may not themselves be the health care representative. Conn. Gen. Stat. § 19a-576(a).
When does it come into effect?
The representative’s authority only enters into effect if both of the following are true: (1) either an attending physician or advanced practice registered nurse has received a copy of the health care representative appointment and (2) either an attending physician or advanced practice registered nurse has determined that the declarant is unable to understand and appreciate the nature and consequences of health care decisions and to reach and communicate an informed decision regarding treatment. Conn. Gen. Stat. § 19a-579.
How long does it last?
Presumably, the appointment remains in effect indefinitely or until the declarant revokes it.
How does one end it?
The declarant may revoke an appointment of a health care representative at any time but it must be in a writing that is signed by the declarant and two witnesses. Conn. Gen. Stat. § 19a-575a(b). However, an appointment of the declarant’s spouse as health care representative is revoked automatically upon divorce or legal separation. Conn. Gen. Stat. § 19a-579b.
What does an example look like?
The statute itself provides an appointment form at Conn. Gen. Stat. § 19a-577. Another form that allows for both an appointment and other advance health care instructions is provided at Conn. Gen. Stat. § 19a-575a. Connecticut’s Office of the Attorney General allows provides a sample appointment form here, alongside general information about advance directives.
What else should one know?
The health care representative appointment is one of several kinds of advance directives for health care. Another advance directive is a living will, which allows a declarant to express the declarant’s wishes concerning any aspect of their health care, including the withholding or withdrawal of life support systems, but does not necessarily include a health care representative appointment.
Last updated April 2021
General
Instrument: Power of attorney
What is it for?
The power of attorney (POA) allows an adult (the “principal”) to authorize one or more “agents” or “attorneys-in-fact” to make financial and other decisions on the principal’s behalf.
What does it do?
Unless the power of attorney otherwise provides, a principal authorizes the agent, with respect to that subject, to engage in a wide range of activities on behalf of the principal. These include, for instance, contracting on behalf of the principal, receiving or obtaining money or other things of value (including real property) on behalf of the principal, or any lawful act with respect to the subject and all property related to the subject. Conn. Gen. Stat. § 1-351.
In exercising the authority granted by the principal, an agent generally must act loyally, avoid conflicts of interest, and act with care, competence, and diligence consistent with a fiduciary duty, among other duties. Conn. Gen. Stat. § 1-350m.
Third parties are generally obligated to accept decisions by an agent pursuant to a POA, unless they have a good faith reason for refusing to do so, such as actual knowledge that another person has reported to adult protective services that the agent may be abusing, neglecting, or exploiting the principal. Conn. Gen. Stat. § 1-350s. A third party may request the agent to provide a certification, and Connecticut law provides a form for this purpose. Conn. Gen. Stat. § 1-352a. A third party may not require a principal’s POA to be created using a specific form, so long as the POA substantially conforms to the statutory form located at Conn. Gen. Stat. § 1-352.
How does one make it?
A power of attorney must be dated and signed by the principal or in the principal’s conscious presence by another individual directed by the principal to sign the principal’s name on the power of attorney and witnessed by two witnesses. Although notarization is not required, it has the effect of establishing a presumption that the signatures are genuine. Conn. Gen. Stat. § 1-350d.
When does it come into effect?
A POA is effective upon execution unless the POA itself states that that it becomes effective at a future date or upon the occurrence of a future event or contingency, such as the principal’s incapacity.
If a POA becomes effective upon a future occurrence (a “springing” POA), the principal, in the power of attorney, may authorize one or more persons to determine in writing that the event has occurred. If a springing POA becomes effective upon the principal’s incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, the POA becomes effective upon a determination in a writing by two independent physicians that the principal is incapacitated. Conn. Gen. Stat. § 1-350h.
“Incapacity” means “the inability of an individual, even with appropriate assistance, to perform the functions inherent in managing his or her affairs because the individual [h]as a mental, emotional or physical condition that results in the individual being unable to receive and evaluate information or make or communicate decisions.” Conn. Gen. Stat. § 1-350a(5)(A).
How long does it last?
A POA is “durable,” meaning that it remains in effect notwithstanding the principal’s subsequent incapacity, unless the document expressly provides that it is terminated by the incapacity of the principal. Conn. Gen. Stat. § 1-350c.
How does one end it?
A durable POA generally ends when the principal dies, revokes the POA, when the purpose of the POA is accomplished, or if a time period provided for in the POA elapses. A durable POA may also be terminated by a court or by the agent’s incapacitation, death, or resignation. Conn. Gen. Stat. § 1-350i.
What does an example look like?
A statutory POA form is provided at Conn. Gen. Stat. § 1-352. The Connecticut Judicial Branch Law Libraries provide an example of a Durable Statutory Power of Attorney Form, as well as a Revocation of Power of Attorney Form, here.
What else should one know?
Connecticut’s POA is based on the Uniform Power of Attorney Act.
A POA may also be used for educational decisions. Conn. Agencies Regs. § 10-76d-12(h).
Last updated April 2021