Vernon Rockville, CT asked in Contracts, Estate Planning, Elder Law and Probate for Connecticut

Q: Can children (and their spouses) serve as witnesses for their parent when signing a Power of Attorney in CT?

Due to a sudden illness, my father was admitted to a skilled nursing facility in late 2020. His Medicare eligibility is now lapsing and I need a Power of Attorney agreement to assist with his Medicaid enrollment, funeral planning, managing of finances, etc. Due to Covid restrictions, his facility is restricting visitors to direct family, but we were able to work with the business office to allow for a notary to meet with him at our next visit. My father plans on naming me as his agent in the Power of Attorney document so I can assist him throughout this difficult time.

We have heard that it's best to avoid having family members serve as witnesses on a Power of Attorney, but we can't seem to find a way to get a notary and 2 non-family witnesses to meet concurrently with my father at this time. If my sister is not listed as an agent, can she and her husband serve as witnesses when he signs the Power of Attorney document with a notary?

2 Lawyer Answers
Joseph Maya
Joseph Maya
PREMIUM
Answered
  • Estate Planning Lawyer
  • Westport, CT
  • Licensed in Connecticut

A: I am sorry to hear about your situation with your father. To fully address your questions, you will probably need to hire an attorney licensed to practice in Connecticut. I wish you the best of luck in the resolution of your situation.

Steven Basche
Steven Basche
PREMIUM
Answered
  • Estate Planning Lawyer
  • Glastonbury, CT
  • Licensed in Connecticut

A: Because of COVID, there is an executive order which suspends the witness requirement on all instruments which need to be notarized, except for wills. So, you are in luck. There no witnesses required. That said, it can't hurt to have your sister and her husband sign as witnesses. Or alternatively, remote notarization is also allowed during Covid.

Nicole M. Camporeale agrees with this answer

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