On October 1, 2016, the Connecticut Uniform Power of Attorney Act will
take effect. The following is a general overview of the use and benefit
of powers of attorney, and in particular, the use and benefit of what
we refer to at Massih Law, LLC, as “comprehensive” power of attorney.
What are some of the benefits of a Comprehensive Power of Attorney?
Here are two of the biggest benefits associated with having a comprehensive
power of attorney:
1. Provides the ability to choose who will make decisions for you (rather
than a court).
If someone has signed a power of attorney and later becomes incapacitated
and unable to make decisions, the attorney in fact named can step into
the shoes of the incapacitated person and make important financial decisions.
Without a power of attorney, a guardianship or conservatorship may need
to be established, and can be very expensive.
2. Avoids the necessity of a guardianship or conservatorship.
Someone who does not have a comprehensive power of attorney at the time
they become incapacitated would have no alternative than to have someone
else petition the court to appoint a guardian or conservator. The court
will choose who is appointed to manage the financial and/or health affairs
of the incapacitated person, and the court will continue to monitor the
situation as long as the incapacitated person is alive. While not only
a costly process, another detriment is the fact that the incapacitated
person has no input on who will be appointed to serve.
These are just a few of the many reasons for having a comprehensive power
of attorney. Which benefits are most important depends on the situation
of the principal and their loved ones. This is why a comprehensive power
of attorney is so essential - nobody can predict exactly which powers
will be needed in the future. The planning goal is to have a power of
attorney in place that empowers a succession of trustworthy agents to
do whatever needs to be done in the future.
Please call us if we can be of assistance in any way or if you have any
questions about powers of attorney. We can be reached at (203) 651-5521.