SB 884 — AN ACT ADOPTING THE CONNECTICUT UNIFORM RECOGNITION OF SUBSTITUTE DECISION-MAKING DOCUMENTS ACT AND REVISING THE CONNECTICUT UNIFORM POWER OF ATTORNEY ACT.

General Assembly   RaisedSubstitute Bill No.

884 January Session, 2017   LCO*_____SB00884JUD___033017____* No.AN ACT ADOPTING THE CONNECTICUT UNIFORM RECOGNITION OF SUBSTITUTE DECISION-MAKING DOCUMENTS ACT AND REVISING THE CONNECTICUT UNIFORM POWER OF ATTORNEY ACT.

4101   *04101_______JUD* Referred to Committee on JUDICIARY   Introduced by:

  (JUD)   AN ACT ADOPTING THE CONNECTICUT UNIFORM RECOGNITION OF SUBSTITUTE DECISION-MAKING DOCUMENTS ACT AND REVISING THE CONNECTICUT UNIFORM POWER OF ATTORNEY ACT.

(NEW) (Effective October 1, 2017) (a) Except as provided in subsection (f) of section 1-56b and sections 1-350r, 19a-579b and 19a-580g of the general statutes, a person thatwho in good faith accepts a substitute decision-making document without actual knowledge that the document is void, invalid or terminated, or that the authority of the purported decision maker is void, invalid or terminated, may assume without inquiry that the document is genuine, valid and still in effect and that the decision maker's authority is genuine, valid and still in effect.

(2) A translation of the document if the document contains, in whole or in part, a language other than English;

(b) A person thatwho is asked to accept a substitute decision-making document is not required to accept the document if:

(c) A person thatwho refuses to accept a substitute decision-making document in violation of this section is subject to:

(NEW) (Effective October 1, 2017) In applying and construing sections 1 to 10, inclusive, of this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.

(NEW) (Effective October 1, 2017) Sections 1 to 10, inclusive, of this act, modify, limit orand supersede the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq., but do not modify, limit or supersede Section 101(c) of said act, 15 USC 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of said act, 15 USC 7003(b).

They are defined in the Connecticut Uniform Power of Attorney Act, which expressly permits the use of any other or different form of power of attorney desired by the parties concerned.

Know All Persons by These Presents, which are intended to constitute a GENERAL POWER OF ATTORNEY pursuant to the Connecticut Uniform Power of Attorney Act:

  T120       T121 (W) With respect to any intellectual property interests of ( ) T122   mine, including without limitationlimitation, copyrights, contracts   T123   for payments of royalties and trademarks, to act in all   T124   ways with respect to such interests as if my agent were   T125   the owner thereof, including without limitationlimitation,   T126   registering ownership, transferring ownership and   T127   recording documents to effectuate or memorialize such   T128   transfer, granting and revoking licenses, entering,   T129   terminating and enforcing agreements, defending   T130   ownership and conferring agency upon professionals to   T131   represent my interests before governmental agencies,   T132   and in general, to exercise all powers with respect to the   T133   intellectual property that I could if present.

(2) if the grantor is a natural person, subscribed, with or without a seal, by the grantor with his own hand or with his mark with his name annexed to it or by his agent authorized for that purpose by a power executed, acknowledged and witnessed in the manner provided for conveyances or in the manner provided for in section 1-350d1-350d, or, if the grantor is a corporation, limited liability company or partnership, subscribed by a duly authorized person;

12 July 1, 2017 47-5(a) Statement of Purpose:Legislative Commissioners:

To:In Section 8 "uniform" was deleted for statutory consistency.

(1)JUD AdoptJoint theFavorable ConnecticutSubst. Uniform Recognition of Substitute Decision-Making Documents Act, (2) revise the Connecticut Uniform Power of Attorney Act by (A) providing that forms that are substantially in the form of the statutory short form or long form may be used, and (B) adding provisions concerning intellectual property interests and access to digital devices, digital assets, user accounts and electronically stored information, and (3) ensure that a validly executed power of attorney may be used to convey land.

[Proposed-LCO deletions  are enclosed in brackets.

Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]