§ 1-350i — Termination of power of attorney or agent's authority.

(a) A power of attorney terminates when: (1) The principal dies; (2) The principal becomes incapacitated, if the power of attorney is not durable; (3) The principal revokes the power of attorney; (4) The power of attorney provides that it terminates; (5) The purpose of the power of attorney is accomplished; (6) The principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns and the power of attorney does not provide for another agent to act under the power of attorney; or (7) The power of attorney is terminated by a court pursuant to subsection (b) of section 1-350g . (b) An agent's authority terminates when: (1) The principal revokes the authority; (2) A court terminates the agent's authority pursuant to subsection (b) of section 1-350g ; (3) The agent dies or resigns; (4) The agent becomes incapacitated. Unless the power of attorney otherwise provides, an agent shall be determined to be incapable of acting as an agent upon a determination in a writing or other record that the agent is incapacitated: (A) Within the meaning set forth in subparagraph (A) of subdivision (5) of section 1-350a , by: (i) A judge in a court proceeding; (ii) Two independent physicians, two independent advanced practice registered nurses or one independent physician and one independent advanced practice registered nurse; or (iii) A successor agent, designated in accordance with section 1-350j , if a written opinion of a physician or an advanced practice registered nurse cannot be obtained either due to the refusal of an agent to be examined by a physician or an advanced practice registered nurse or due to an agent's failure to execute an authorization to release medical information; or (B) Within the meaning set forth in subparagraph (B) of subdivision (5) of section 1-350a , by a judge; (5) An action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or (6) The power of attorney terminates. (c) Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under subsection (b) of this section, notwithstanding a lapse of time since the execution of the power of attorney. (d) Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest. (e) Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest. (f) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.

Legislative History

(P.A. 15-240, S. 10; P.A. 16-39, S. 1; 16-40, S. 9.) History: P.A. 15-240 effective July 1, 2016; P.A. 16-39 amended Subsec. (b)(4)(A) by adding “, two independent advanced practice registered nurses or one independent physician and one independent advanced practice registered nurse” in clause (ii), and adding references to advanced practice registered nurse in clause (iii); P.A. 16-40 changed effective date of P.A. 15-240, S. 10, from July 1, 2016, to October 1, 2016, effective May 27, 2016.