125 Conn. App. 165
Conn. App. Ct.2010Background
- Sclafani, a nursing home resident, executed a statutory short form power of attorney naming Morin as attorney in fact.
- The POA authorized Morin to act pursuant to General Statutes §§ 1-42 to 1-56; the act emphasizes broad presumptive authority with limited accountability to the principal.
- A Wachovia bank account held by Sclafani and his sister triggered the Medicaid eligibility review; Morin withdrew $2,671.20 with Sclafani’s consent but did not apply it to reduce net worth.
- Medicaid eligibility for Sclafani was terminated after Morin declined to respond to a department inquiry about the funds without Sclafani’s authorization.
- Kindred Nursing Centers sued Morin for negligence, arguing Morin breached duties arising from the POA to assist in maintaining Medicaid eligibility.
- The trial court granted Morin’s summary judgment; the appellate court reviews the propriety of that grant and the denial of Kindred’s cross-motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kindred can sue as third party beneficiary | Kindred seeks third party beneficiary status to enforce Morin's duties. | No third party beneficiary duty arises from a POA; Morin owed duties only to the principal. | No third party beneficiary duty recognized; affirm summary judgment. |
| Whether Morin owed a duty to preserve Medicaid eligibility | As conservator-like fiduciary, Morin had duty to protect eligibility. | POA duties arise from the principal; no conservatorship status here. | No fiduciary duty beyond principal-directed authority; affirm summary judgment. |
| Whether the Connecticut Statutory Short Form Power of Attorney Act imposes duties on an agent to third parties | Act implies broader agent obligations beyond the principal’s interests. | Act does not create duties to third parties; authority is to principal only. | Act does not impose third-party duties; affirm summary judgment. |
| Whether the court properly granted Morin’s summary judgment given the record | There are material facts about standing and negligence that require trial. | No genuine issues of material fact; Morin complied with principal’s limits. | Court’s grant of summary judgment affirmed. |
Key Cases Cited
- Long v. Schull, 184 Conn. 252 (Conn. 1981) (power of attorney creates agency contract)
- Krawczyk v. Stingle, 208 Conn. 239 (Conn. 1988) (third party beneficiary claims not available against attorney)
- In re Ralph M., 211 Conn. 289 (Conn. 1989) (statutory approach to conservatorship duties)
- Viera v. Cohen, 283 Conn. 412 (Conn. 2007) (statutory construction and omissions)
- Sunrise Healthcare Corp. v. Azarigian, 76 Conn. App. 800 (Conn. App. 2003) (allocation of contracts and payments in Medicaid context)