Sec. 42a-4-405. Death or incompetence of customer. - Connecticut Statutes

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Statutes > Connecticut > Title42a > Art004 > Sec42a-4-405

      Sec. 42a-4-405. Death or incompetence of customer. (a) A payor or collecting bank's authority to accept, pay, or collect an item or to account for proceeds of its collection, if otherwise effective, is not rendered ineffective by incompetence of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incompetence. Neither death nor incompetence of a customer revokes the authority to accept, pay, collect, or account until the bank knows of the fact of death or of an adjudication of incompetence and has reasonable opportunity to act on it.

      (b) Even with knowledge, a bank may for ten days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account.

      (1959, P.A. 133, S. 4-405; P.A. 91-304, S. 101.)

      History: P.A. 91-304 replaced numeric with alphabetic Subsec. indicators and made minor changes in wording and punctuation.

      Regardless of whether this section would have protected defendants if they had made requested payments, trial court could conclude as it did that since plaintiff, when he executed power of attorney, was incompetent to do so, and since he did not subsequently regain his competence and act to ratify his appointment of defendant as attorney in fact, defendant had no authority to request withdrawals from defendants. 6 Conn. Cir. Ct. 148, 155-160.

State Codes and Statutes

Statutes > Connecticut > Title42a > Art004 > Sec42a-4-405

      Sec. 42a-4-405. Death or incompetence of customer. (a) A payor or collecting bank's authority to accept, pay, or collect an item or to account for proceeds of its collection, if otherwise effective, is not rendered ineffective by incompetence of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incompetence. Neither death nor incompetence of a customer revokes the authority to accept, pay, collect, or account until the bank knows of the fact of death or of an adjudication of incompetence and has reasonable opportunity to act on it.

      (b) Even with knowledge, a bank may for ten days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account.

      (1959, P.A. 133, S. 4-405; P.A. 91-304, S. 101.)

      History: P.A. 91-304 replaced numeric with alphabetic Subsec. indicators and made minor changes in wording and punctuation.

      Regardless of whether this section would have protected defendants if they had made requested payments, trial court could conclude as it did that since plaintiff, when he executed power of attorney, was incompetent to do so, and since he did not subsequently regain his competence and act to ratify his appointment of defendant as attorney in fact, defendant had no authority to request withdrawals from defendants. 6 Conn. Cir. Ct. 148, 155-160.

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State Codes and Statutes

Statutes > Connecticut > Title42a > Art004 > Sec42a-4-405

      Sec. 42a-4-405. Death or incompetence of customer. (a) A payor or collecting bank's authority to accept, pay, or collect an item or to account for proceeds of its collection, if otherwise effective, is not rendered ineffective by incompetence of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incompetence. Neither death nor incompetence of a customer revokes the authority to accept, pay, collect, or account until the bank knows of the fact of death or of an adjudication of incompetence and has reasonable opportunity to act on it.

      (b) Even with knowledge, a bank may for ten days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account.

      (1959, P.A. 133, S. 4-405; P.A. 91-304, S. 101.)

      History: P.A. 91-304 replaced numeric with alphabetic Subsec. indicators and made minor changes in wording and punctuation.

      Regardless of whether this section would have protected defendants if they had made requested payments, trial court could conclude as it did that since plaintiff, when he executed power of attorney, was incompetent to do so, and since he did not subsequently regain his competence and act to ratify his appointment of defendant as attorney in fact, defendant had no authority to request withdrawals from defendants. 6 Conn. Cir. Ct. 148, 155-160.