Legal Question in Wills and Trusts in Connecticut
power of attorney
Hello, my father has terminal cancer ut is unwilling to make a will, desigante a power of attorney for property or health issues, or otherwise designate an executor, his estate, or his wishes.
I am his oldest child, but he has three other living children, and a living sister. we have been talking amongst ourselves about what to do if/when it gets to the point of making decisions for him. Does power of attorney pass to me? His sister? All of his children equally?
we are trying to plan ahead and appreciate your help. He livis in CT.
1 Answer from Attorneys
Re: power of attorney
If he won't sign a power of attorney to deal with his financial and health issues, your only recourse is to apply to the Probate Court for the appointment of a conservator who will then have the legal authority to make those decisions. The court won't appoint one unless it finds that he is not capable of handling his own affairs; and simply refusing to appoint someone else to make those decisions might not be enough. You must have a licensed physician who has treated him within the last 30 days submit a form saying he's incapable. Not always so easy.
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