Manchester, Connecticut Lesbian and Gay Rights Attorney
Manchester, Connecticut Power of Attorney Lawyer
Law Offices of Irene C. Olszewski, LLC
A
Durable Power of Attorney
(POA) allows your partner (or other trusted person over the age of 18) to manage your financial affairs (as your Attorney-in-Fact) if you
become incapacitated. Your
partner or other Attorney-in-Fact may be granted the power to conduct your banking transactions, manage
your real estate affairs, handle your business affairs and perform a variety of
other financial tasks that you choose. A POA becomes effective upon
its signing and may be revoked at a later date, upon written notice. A POA
may be the proper document for you to execute if you are in a present
circumstance that warrants such assistance from another person (such as a
temporary or permanent disability, if you have a terminal illness, or if you are
planning a surgical procedure that will leave you incapacitated for an extended
period of time).
Some
individuals worry that if they execute a Durable Power of Attorney when no
"emergency" or serious situation exists, and they later experience relationship
difficulties, it may be possible for their partner (or other Attorney-in-Fact) to abuse the power by selling
off their assets or depleting their bank accounts without their knowledge.
This is a valid concern and fortunately,
there is a simple way to alleviate this fear by executing what is known as a
Springing Power of Attorney .
While
a durable POA goes into effect upon its signing, a Springing Power of
Attorney only takes effect upon the happening of a specified contingency, such
as your physical or mental incapacity. You
choose, in advance, the powers that your partner (or other Attorney-in-Fact) will
have upon the occurrence of the specified contingency. When and if that
contingency occurs, your partner (or other Attorney-in-Fact) must first
execute an affidavit stating that the stated contingency has occurred, before
he or she can enforce the powers you have conferred. Depending upon your
present circumstances (and comfort level), a Springing POA may be the better
choice. Note that a Springing Power of Attorney may also be revoked at a
later date, by written notice.
Your
attorney can advise you as to which alternative best suits your needs. In
many circumstances, a Springing POA is the preferred document. It
allows you to prepare in advance for unplanned emergencies without conferring
powers to your partner or other designated individual until your situation
warrants it.
In any event, executing a Durable Power of Attorney or a Springing Power of Attorney can avoid the delay and necessity of applying to the Probate Court in the event of incapacity.
For more information on your legal rights, contact a Connecticut lesbian and gay rights lawyer at the Law Offices of Irene C. Olszewski, LLC.
 | Short Form Power of Attorney Act Conn. Gen. Stats. Title 1, Chap. 7, Sec. 1-42, et. seq. |
Return to the main Lesbian & Gay Law page
Return to the main Wills & Probate page
Read the Article: "A Year of Questions" **
(**Published in Connecticut Law Tribune 12/14/09 about same-sex marriage 1 year after legalization in CT.
Attorney Olszewski was interviewed for this article.)
Blog: Connecticut Lesbian and Gay Law Blog: Attorney O's Midnight Musings
Become a FAN on Facebook: Law Offices of Irene C. Olszewski, LLC
Follow Us on Twitter: Irene_Olszewski
The Law Offices of Irene C. Olszewski, LLC handles legal matters for GLBTI clients throughout the state of Connecticut including Hartford County, Tolland County, Middlesex County, New Haven County, New London County, Litchfield County, Windham County, and Fairfield County.
Links marked ".pdf" require the free downloadable program Adobe®Reader® to view. Please note that .pdf files may take a few moments to load.
Disclaimer: This website is for informational purposes only. It is not intended to be and should not be construed as legal advice. Use of this website and/or the information contained on this website is not intended to create an attorney-client relationship. All legal questions should be addressed to a licensed attorney.
Manchester, Connecticut Lesbian and Gay Rights Lawyer
Manchester, Connecticut (CT) Power of Attorney for Lesbians and Gays Lawyer
Law Offices of Irene C. Olszewski, LLC