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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 authorize
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