Short overview: A power of attorney (POA) signed by an incarcerated person in Connecticut can be legally effective if it meets the basic formal requirements that show the principal (the person giving authority) had capacity, signed or directed a signature, and completed any witnessing or notarization required by the document or by the institutions that will rely on it. Prison-specific rules (security, access to notaries/witnesses, identification procedures) can affect how the signature is obtained, but they do not change the underlying legal elements that make a POA valid under Connecticut law.

1. Mental capacity and voluntariness

The principal must have sufficient mental capacity at the time of signing to understand the nature and effect of giving an agent authority over their property or health care decisions. The signature must be voluntary — not the product of coercion or undue influence. Evidence of incapacity or coercion can invalidate a POA.

2. Signature or authorized mark

The POA must be signed by the principal (or signed in the principal’s presence at their direction). If the principal cannot physically sign, Connecticut law generally allows another person to sign on the principal’s behalf if done at the principal’s direction and in the principal’s presence. Make sure the document clearly identifies who signed for the principal and that the principal authorized and understood that act.

3. Notarization and witnesses — what to check in Connecticut

Many Connecticut financial institutions and third parties expect a POA to be notarized. Notarization helps establish the authenticity of the signature and can be especially important when the principal is incarcerated. Connecticut has notary public rules and a notary with current commission should acknowledge the signature. For certain kinds of directives (for example, advance health care directives), Connecticut may require or recommend witnesses rather than a notary. Because statutory specifics and institutional requirements vary, confirm whether the POA form you use calls for notarization or specific witness language.

For general information about Connecticut notary public rules and locating a notary, see the Connecticut Secretary of the State notary page: https://portal.ct.gov/SOTS/Business-Services/Notary-Public. For searching Connecticut statutes and guidance about power-of-attorney provisions, use the Connecticut General Assembly search: https://www.cga.ct.gov/search/?s=power+of+attorney.

4. Proper form and durable language

Use a clear POA form that states what powers are granted and whether the POA is “durable” (i.e., remains effective if the principal becomes incapacitated). If you intend the POA to survive incapacity, include explicit durable language such as “This power of attorney shall not be affected by subsequent incapacity of the principal.” This clarity reduces later disputes.

5. Identification and prison procedures

Correctional facilities have security rules: they may require advanced notice, signature logs, specific times for visits by notaries or attorneys, and identification checks. Work with prison administration to schedule a notary or witness. Some prisons allow remote notarization only if consistent with Connecticut law and the institution’s policies; verify whether remote or electronic notarization is acceptable to the receiving institution (banks, government agencies, etc.).

6. Acceptance by third parties

After execution, banks, social security, Medicaid, and other entities may have their own standards before recognizing a POA. Some banks demand their own forms or additional verification. If you expect the agent to deal with a specific bank, real estate office, or agency, ask that institution in advance about form or notarization preferences.

7. Recording or additional steps (when relevant)

If the POA will be used for real estate transactions, recording or additional county/probate procedures may apply. Recording a POA in the land records can help show authority for property transactions. For health-care matters, consider executing an advance directive or health-care representative form in addition to a health-care POA so hospitals and providers have what they require.

8. Revocation and proof of revocation

A principal can revoke a POA at any time if they have capacity. To avoid confusion, execute a written, signed revocation and deliver it to the agent and any institutions that relied on the prior POA. Keep copies of the original POA and any revocation documents.

How this applies to someone signing a POA in prison

• Confirm that the principal has capacity and is acting voluntarily. If there is any question, an assessment from a medical professional can help.
• Arrange for a commissioned notary public or acceptable witnesses to be present at the prison per that facility’s procedures. Many prisons have protocols for legal visits or notarial acts.
• Use clear, durable-language POA forms. If the agent will handle money in banks, check bank requirements beforehand and consider using bank-specific POA forms if required.
• Get copies to the agent and to important third parties immediately after execution, and consider recording if the POA will transfer or encumber real property.

Resources: Connecticut General Assembly search on POAs: https://www.cga.ct.gov/search/?s=power+of+attorney; Connecticut Secretary of the State notary information: https://portal.ct.gov/SOTS/Business-Services/Notary-Public; Connecticut Probate Courts (for forms and local procedures): https://www.ctprobate.gov/.

Disclaimer: This is general information about Connecticut law and prison practice and is not legal advice. Consult a licensed Connecticut attorney for advice specific to any situation.

Helpful Hints

• Before visiting the prison, call the facility’s legal or records office to learn their requirements for notaries, witnesses, and legal visits.
• Bring an attorney or a trusted third party if possible — prisons often accommodate attorneys and they can help ensure formalities are followed.
• Use a printed POA form that explicitly states whether it is durable and lists the agent’s powers in clear language.
• Have the notary record the notarial certificate clearly with date, notary name, commission number, and jurisdiction — this helps third parties rely on the document.
• After signing, deliver copies to institutions where the agent will act (banks, social services, probate court), and ask whether they require additional forms or certifications.
• If the POA involves health-care decisions, consider executing an advance directive or health-care representative form in addition to the financial POA.
• Keep records of how the signature was obtained (who was present, any prison paperwork) in case the POA is later challenged.
• If a bank or agency refuses to accept the POA, ask for a written explanation so you can resolve specific objections.