
In simple terms, Power of Attorney (PoA) is a formal document that grants someone the legal authority to act in place of another person, typically regarding financial transactions, investments, and insurance issues.
A PoA created by an Estate Planning attorney enables a family member to make decisions and transactions for a parent, elderly relative, or another loved one. A PoA also can be created for a non-relative such as a trusted caregiver.
The person who signs the PoA is the principal, and the document confers specified powers on an “agent.” Previously, the person assuming certain powers for a principal was called the “attorney in fact,” but Connecticut’s PoA statute was updated in 2016 to use the term “agent.”
The term “durable” is in the heading of a PoA and means that it continues to be valid even if the principal becomes disabled, incapacitated, or incompetent – and unless otherwise specified in the PoA, it does not expire until the principal dies.
It’s an efficient, effective, and reasonably simple process – with one notable exception.
Banks, insurers, and other financial institutions have many employees, including managers, who don’t know Connecticut’s PoA law and mistakenly tell customers there is something wrong or lacking with their document, meaning a requested action cannot be executed.
Cramer & Anderson Partner Robert Fisher has an elderly client for whom he prepared a PoA giving powers to her daughter, who gave a copy to the manager of a branch of a Connecticut bank and thereafter relied on it to handle her mother’s banking needs.

However, when her mother moved into a nursing home, the daughter needed access to a different account set up with an insurance company through the bank. The insurance company representative reviewed the PoA and refused to accept it, saying the document needed to have a seal and be certified.
This is not true, according to Connecticut law.
“We have run into this problem before with banks, insurance companies, and financial service companies, especially if they are not based in Connecticut,” Attorney Fisher said. “I solved the problem by having the daughter bring the original PoA to me. I stamped and sealed the document with my notarial stamp and seal. I also wrote up a certification and attached it to the PoA, which says that the PoA was valid when signed, and the principal is still living and has not revoked the PoA.”
Attorney Fisher explained that in Connecticut a PoA 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
- The signing must be witnessed by two witnesses. The notary public can act as one of the witnesses. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public, a Commissioner of the Superior Court or other individual authorized by law to take acknowledgments
“My client signed the PoA, and I signed as a witness and as a Commissioner of the Superior Court,” Attorney Fisher explained. “Every Connecticut lawyer in good standing is a Commissioner of the Superior Court. One of our staff signed as the other witness. In Connecticut, Commissioners of the Superior Court do not have seals. Most notaries do have seals, or at least stamps with their name and the expiration date of their commission. A seal is not mandatory as long as the notary states when his/her commission expires.”
The experience of Attorney Fisher’s client is not uncommon. An AARP online story, entitled What Caregivers Can Do When Banks Reject a Power of Attorney, cites examples of rejections for largely inappropriate and invalid reasons that include:
- The POA is more than a few years old
- The POA is not durable
- The bank wants the person who signed the POA or the agent or both to appear in person at the bank to use the document
- The bank wants the account holder to use the bank’s own POA form
- The bank wants additional documentation from the agent
“If there’s a genuine, valid and still-in-effect POA, there should be no reason for the bank to not accept it,” an AARP story on the issue says. “Know that there can be legal consequences if a bank wrongfully refuses a power of attorney; they may be liable for your attorney’s fees and costs if you have to fight them to recognize it.”
In fact, if a bank, insurer, or another financial institution refuses to accept and honor a properly created PoA, you can take legal action to force acceptance, though it’s typically easier, quicker, and less costly to work through the issue with the financial institution or insurer by being persistent and seeking out more senior staff members.
Anyone who needs a PoA, or has had difficulty using an existing one in Connecticut, should reach out to Attorney Fisher by phone at (860) 567-8718 or by email at rfisher@cramer-anderson.com.

Those who need other Estate Planning services may reach out to Attorney Neal White in the Litchfield office, whose practice includes Estate Planning, Probate & Trust Administration, Elder Law, Residential & Commercial Real Estate, Business Law and Tax Law. See his website profile to learn more. He may be reached by phone at (860) 567-8718, or by email at nwhite@cramer-anderson.com.
About Cramer & Anderson
Cramer & Anderson provides sophisticated legal services, close to home, with regional offices in New Milford, Litchfield, Danbury, and Ridgefield. For more information, see the firm’s website or call the Litchfield office at (860) 567-8718.