Power of Attorney Requirements in Connecticut

At a glance

Requirements one by one

Governing law

Sections 1-350 to 1-353b are the Connecticut Uniform Power of Attorney Act (§ 1-350). The Act defines a power of attorney as a writing or other record granting an agent authority to act in the principal's place (§ 1-350a). A Connecticut power signed before October 1, 2016 is valid if it complied with state law when signed (§ 1-350e(b)).

Who must sign

Section 1-350d requires the document to be dated and signed by the principal, or signed in the principal's name by a directed individual in the principal's "conscious physical presence." The section's history attributes the word "physical" to P.A. 21-39.

Notarization

Acknowledgment before a notary, commissioner of the Superior Court, or another authorized officer gives the signature a presumption of genuineness under § 1-350d. That sentence does not make acknowledgment a condition of execution; § 1-350e(a) measures a Connecticut power's validity against § 1-350d's execution rule.

Witnesses

The statute requires the power to be "witnessed by two witnesses" (§ 1-350d). An acknowledgment creates a separate presumption and does not replace either witness.

Statutory form

§ 1-352 says a document substantially in the statutory short or long form "may be used" and expressly permits a different form. § 1-352a separately offers an optional agent's certification form; it is not an additional execution formality.

Durable by default?

A power created under the Act "is durable unless it expressly provides that it is terminated by the incapacity of the principal" (§ 1-350c).

Springing POA allowed?

The principal may set a future effective date or event and authorize someone to determine in writing that the event occurred. Without an available designee for an incapacity trigger, § 1-350h(c) requires a written determination by two independent physicians or a judge, depending on the applicable statutory definition of incapacity.

Real estate extras

For a conveyance signed under a power of attorney, § 47-10(a) requires recording the power with the deed in the town where the land lies. If the power was previously recorded in that town and the deed refers to it, recording it again is unnecessary.

Out-of-state POAs

Section 1-350e(c) recognizes a power executed outside Connecticut if its execution complied with the law governing its meaning and effect under § 1-350f, or with the requirements for a federal military power of attorney under 10 U.S.C. § 1044b. Section 1-350f looks to the jurisdiction named in the document, then to the place of execution if none is named.

What trips people up

• A principal's acknowledged signature still needs two witnesses (§ 1-350d).
• A directed signer must act in the principal's conscious physical presence (§ 1-350d).
• A deed signed by an agent needs the power recorded with it or a reference to the power already recorded in the same town (§ 47-10(a)).
• Pre-October 2016 Connecticut powers are tested under the law at execution (§ 1-350e(b)).

Common questions

Can I use a scan of the original? Generally yes. Section 1-350e(d) gives a photocopy or electronically transmitted copy the same effect as the original, subject to another applicable statute or a contrary term in the power.

Does this Act govern a power to make health care decisions? No. The exceptions in § 1-350b(2) include that kind of power from this Act.

Statutes and sources

• Conn. Gen. Stat. §§ 1-350 to 1-350h, 1-352, 1-352a — The Act's title, definition, scope, execution, validity, effectiveness, and optional forms. Connecticut General Assembly, accessed 2026-10-04.
• Conn. Gen. Stat. § 47-10(a) — Recording a power of attorney used to execute a conveyance. Connecticut General Assembly, accessed 2026-10-04.
• 10 U.S.C. § 1044b(a) — A military power is exempt from state form and recording requirements and receives the same legal effect as a state-compliant power. U.S. Government Publishing Office, accessed 2026-10-04.