[CT] Can family members serve as witnesses for a POA, or are there restrictions on who may witness the document?

CT Estate Planning

Liz

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While family members can serve as witnesses, it's important to note that if they are also heirs, it might raise questions about the impartiality of the document. This is because witnesses should ideally be disinterested parties to avoid any potential conflicts of interest or claims of undue influence. (CT Gen Stat § 1-350(d))

The law does not explicitly prohibit heirs from being witnesses, but having disinterested witnesses can help ensure that the POA is less likely to be challenged in the future. Does that make sense?

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Can family members be witnesses on a Connecticut durable POA.

Lexi, Chatbot

I understand that you're looking for clarity on the rules regarding witnesses for a durable power of attorney in Connecticut. Can you tell me if you are currently in the process of creating or updating a power of attorney?

I don't know.

Lexi, Chatbot

Are there specific family members you are considering as potential witnesses?

It is a new POA and yes the family members are a daughter-in-law and brother.

Liz

Hi there! Welcome to our service. My name is Liz and I've been an attorney for more than a decade, and I am here to assist with your legal concerns. Just so you are aware, our service is a legal information-only site. No attorney-client relationship is formed from our conversation. So I can best help, are the family members also named in the POA?

No, they are not.

Liz

Will they be heirs to the estate?

Yes.

Liz

The law does not explicitly prohibit heirs from being witnesses, but having disinterested witnesses can help ensure that the POA is less likely to be challenged in the future. Does that make sense?

Yes, thank you.

Liz

Great. How else can I assist?

In Connecticut is it legal to have a mobile notary public?

Liz

Yes, it is legal to have a mobile notary public in Connecticut. Mobile notaries can travel to meet clients at a convenient location to perform notarial acts. Remote notarization is also allowed, as long as audio visual communication is used during the process.

Our mother is bedridden at a local nursing facility. Which notary would be better, mobile or remote?

Liz

It can sometimes be easier to use a remote notary, since you then just need something like FaceTime or Zoom.

How do I find a remote notary near me?

Liz

Oh, they can be anywhere in the state. There are several websites, like Notarize, which have the option.

Thank you very much for all the information

Liz

You're very welcome!

Liz

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