Sec. 1-51. Claims and litigation.
Sec. 1-51. Claims and litigation. In a statutory short form power of attorney, the
language conferring general authority with respect to claims and litigation shall be construed to mean that the principal authorizes the agent: (1) To assert and prosecute before
any court, administrative board, department, commissioner or other tribunal any cause
of action, claim, counterclaim, offset or defense, which the principal has, or claims
to have, against any individual, partnership, association, corporation, limited liability
company, government, or other person or instrumentality, including, but not limited to,
power to sue for the recovery of land or of any other thing of value, for the recovery of
damages sustained by the principal in any manner, for the elimination or modification
of tax liability, for an injunction, for specific performance, or for any other relief; (2)
to bring an action of interpleader or other action to determine adverse claims; to intervene
or interplead in any action or proceeding, and to act in any litigation as amicus curiae;
(3) in connection with any action or proceeding or controversy, at law or otherwise, to
apply for and, if possible, procure a libel, an attachment, a garnishment, an order of
arrest or other preliminary, provisional or intermediate relief and to resort to and utilize
in all ways permitted by law any available procedure for the effectuation or satisfaction
of the judgment, order or decree obtained; (4) in connection with any action or proceeding, at law or otherwise, to perform any act which the principal might perform, including,
but not limited to, acceptance of tender, offer of judgment, admission of any facts,
submission of any controversy on an agreed statement of facts, consent to examination
before trial, and generally to bind the principal in the conduct of any litigation or controversy as seems desirable to the agent; (5) to submit to arbitration, settle, and propose
or accept a compromise with respect to, any claim existing in favor of or against the
principal, or any litigation to which the principal is or may become or be designated a
party; (6) to waive the issuance and service of a summons, citation or other process
upon the principal; to accept service of process; to appear for the principal; to designate
persons upon whom process directed to the principal may be served; to execute and file
or deliver stipulations on the principal's behalf; to verify pleadings; to appeal to appellate
tribunals; to procure and give surety and indemnity bonds at such times and to such
extent as the agent deems desirable or necessary; to contract and pay for the preparation
and printing of records and briefs; to receive and execute and file or deliver any consent,
waiver, release, confession of judgment, satisfaction of judgment, notice, agreement or
other instrument which the agent deems desirable or necessary in connection with the
prosecution, settlement or defense of any claim by or against the principal or of any
litigation to which the principal is or may become or be designated a party; (7) to appear
for, represent and act for the principal with respect to bankruptcy or insolvency proceedings, whether voluntary or involuntary, whether of the principal or of some other person,
with respect to any reorganization proceeding, or with respect to any receivership or
application for the appointment of a receiver or trustee which, in any way, affects any
interest of the principal in any land, chattel, bond, share, commodity interest, chose
in action or other thing of value; (8) to hire, discharge and compensate any attorney,
accountant, expert witness or other assistant or assistants when the agent deems such
action to be desirable for the proper execution by him of any of the powers described
in this section; (9) to pay, from funds in his control or for the account of the principal,
any judgment against the principal or any settlement which may be made in connection
with any transaction enumerated in this section, and to receive and conserve any moneys
or other things of value paid in settlement of or as proceeds of one or more of the
transactions enumerated in this section, and to receive and endorse checks and to deposit
the same; and (10) in general, and in addition to all the specific acts in this section
enumerated, to do any other act or acts, which the principal can do through an agent, in
connection with any claim by or against the principal or with litigation to which the
principal is or may become or be designated a party. All powers described in this section
shall be exercisable equally with respect to any claim or litigation existing at the giving
of the power of attorney or thereafter arising, and whether arising in the state of Connecticut or elsewhere.
(February, 1965, P.A. 573, S. 10; P.A. 95-79, S. 185, 189.)
History: P.A. 95-79 amended Subdiv. (1) to include a limited liability company as an entity against which the agent is
authorized to assert and prosecute a claim, effective May 31, 1995.