- 5 - In Wosczyna v. Estate of Antone, 1994 WL 411298, at *2 (Conn. Super. Ct. July 26, 1994), in a declaratory judgment action to quiet title to an interest in real property (on motion for summary judgment to void a transfer made for no consideration by an attorney-in-fact), the court quoted the following language of the Act: “In a statutory short form power of attorney, the language conferring general authority with respect to real estate transactions shall be construed to mean that the principal authorizes the agent: * * * (2) to sell, to exchange, to convey either with or without covenants, to quit claim, * * * or otherwise to dispose of, any estate or interest in land * * *” With no further analysis, the Connecticut Superior Court summarily concluded that attorneys-in fact in Connecticut were not prohibited from making gifts of their principal’s property and denied the motion for summary judgment. Id. at *3. In Estate of Antone v. Staphos, 1994 WL 669694, at *2 (Conn. Super. Ct. Nov. 17, 1994), a subsequent case involving the same underlying facts as those involved in Wosczyna, the Connecticut Superior Court acknowledged that the Act might be interpreted to authorize attorneys-in-fact to make gifts of their principal’s property. Upon further consideration, however, the Connecticut Superior Court specifically concluded that, absent express language in a POA to the contrary, the Act does not authorizePage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011