Medical power of attorney in Connecticut: how to sign one

The question under every medical power of attorney is a simple one. If you can't speak for yourself, who talks to the doctor?

In Connecticut, the answer depends almost entirely on whether you wrote it down. This page covers what the document is called, how to sign it, who can't witness, how a living will fits in, and what happens if you name nobody. It is part of our guides to estate planning by state. For the basics of the role, see what a medical power of attorney is.

What is it called in Connecticut?

Connecticut calls your agent a "health care representative." You name that person in an "appointment of health care representative." Together with a living will, the appointment makes up your "advance health care directive" (C.G.S. 19a-570).

So if a hospital in Hartford or New Haven asks for your health care representative, it means the person you named in that document. Our post on advance directives explains the general idea.

How do I sign one in Connecticut?

Any adult may sign one. It must be signed and dated in the presence of two adult witnesses, who also sign (C.G.S. 19a-576).

No notary is required. The witnesses may choose to sign a sworn statement before a notary or a commissioner of the Superior Court, so nobody has to call them later to confirm the signing. That step is optional but helpful.

Connecticut's financial power of attorney also needs two witnesses, and a notary is strongly recommended for that one. Our Connecticut power of attorney guide covers it.

Who can't be my witness or my representative?

A few people are ruled out (C.G.S. 19a-576):

Residents of facilities run or licensed by the Department of Mental Health and Addiction Services or the Department of Developmental Services have an extra rule. One witness must be unaffiliated with the facility, and one must be a physician, APRN or licensed clinical psychologist with specialized training.

Is there an official form?

Yes, two optional ones. One combines health care instructions, a health care representative, a future conservator and an anatomical gift (C.G.S. 19a-575a). The other appoints a representative only (C.G.S. 19a-577).

You don't have to use them. Any document substantially in that form and properly witnessed works.

Do I need a living will too?

Many people sign both. The appointment names a person. A living will writes down your wishes about treatment, including life support, so that person isn't guessing.

In Connecticut, any adult may sign a living will about any part of health care. It needs the same two witnesses (C.G.S. 19a-575). It takes effect when it reaches your doctor or APRN and you are found to be incapacitated.

The two documents are revoked differently. You can revoke a living will at any time and in any manner. Revoking the appointment of a representative takes a writing signed by you and two witnesses (C.G.S. 19a-579b). If you named your spouse, a divorce or legal separation revokes that appointment automatically unless your document says otherwise.

Our post on health care power of attorney vs living will explains how the two work together, and treatment preferences helps you think through what to write.

Who decides if I haven't named anyone?

This is where Connecticut stands apart. Connecticut has no general default decision-maker law. Most states have a statute that lists which relative can consent to treatment for you if you named nobody. Connecticut does not.

What Connecticut has is narrower. It covers only the decision to withhold or remove life support. If your wishes are not in a living will, your doctor or APRN works out what you would want by consulting statements you made, plus, if available, your health care representative, your next of kin, a guardian or conservator, and anyone else you told about your wishes (C.G.S. 19a-571).

For this purpose, "next of kin" has an order of priority (C.G.S. 19a-570):

Even then, life support may be removed only if you are in a terminal condition or permanently unconscious. Otherwise, beneficial treatment, including nutrition and hydration, must continue.

For every other decision, such as surgery, a new medicine or a move to rehab, the list doesn't apply. No Connecticut statute gives a relative general authority to decide for you. That gap is why naming a representative matters so much here, and our post on how to avoid guardianship explains the court route families can face without one.

A close friend never appears on the next-of-kin list. If the person who knows your wishes best is a friend, a partner or a niece, naming them is the only way to put them in charge. You can see how other states compare in our 50-state guide to default decision-makers, or use our tool to see who decides for you.

Here is a typical case, a composite. Eleanor is 73, widowed, and lives in Old Saybrook. Her son is in California. Her neighbor Diane drives her to appointments and knows exactly what she would want. Eleanor names Diane as her health care representative, with her son as backup, and signs a living will at the same time.

How do I choose my representative?

Once the signing is done, the practical questions matter most. Is the person willing? Can they get to the hospital? Will they follow your wishes even when they'd choose differently?

A short checklist:

• They know what you want, because you've told them.
• They can stay calm in a hospital hallway and ask questions.
• They live close enough, or can travel when needed.
• You've named a backup in case they can't.

Our post on how to choose a medical power of attorney has more questions to ask.

Some people would like a professional standing by, first or behind a friend. A Kinly membership includes a medical power of attorney written for your state, and Trella Trust Company can be named in the role, first or as the backup to someone you choose.

Once your health papers are done, our Connecticut probate guide covers what happens to your home and savings later.

Common questions

Does a medical power of attorney need to be notarized in Connecticut?

No. It must be signed and dated in front of two adult witnesses, who also sign. The witnesses may optionally sign a sworn statement before a notary so they won't need to confirm the signing later.

Who makes medical decisions in Connecticut if there's no health care representative?

Connecticut has no general default decision-maker law. Next of kin (spouse, adult child, parent, adult sibling, grandparent) are consulted only about removing life support. No statute gives a relative general authority for other decisions, so name a health care representative.

Can my friend make medical decisions for me in Connecticut?

Only if you name your friend as your health care representative. A friend is not on Connecticut's next-of-kin list, though a doctor can consult a friend you told your wishes to.

Can my health care representative witness my document?

No. The person you name can't be one of the two witnesses.

How do I revoke a health care representative in Connecticut?

In a writing signed by you and two witnesses. A living will is different: you can revoke it at any time and in any manner.

Sources

• C.G.S. 19a-570: Definitions, including next of kin (Connecticut General Assembly)
• C.G.S. 19a-571: Removal of life support systems (Connecticut General Assembly)
• C.G.S. 19a-575: Living will form (Connecticut General Assembly)
• C.G.S. 19a-575a: Combined health care instructions form (Connecticut General Assembly)
• C.G.S. 19a-576: Execution and witnesses (Connecticut General Assembly)
• C.G.S. 19a-577: Appointment of health care representative form (Connecticut General Assembly)
• C.G.S. 19a-579b: Revocation of appointment (Connecticut General Assembly)