To:	Members of Law Revision Commission Probate Committee
From:	David L. Hemond
Date:	November 10, 1999
Re:	Notice of meeting Thursday, November 18

A meeting of the Law Revision Commission Probate Committee has been set for Thursday, November 18, 1999 at 10:00 a.m. in room 509A in the State Capitol to consider a proposal to allow appointment by a parent, through an instrument other than a will, of a guardian for the parent's minor children to take effect on death of the parent.

Section 45a-596 currently allows appointment of such a guardian by will but does not authorize such an appointment through a nontestamentary instrument. As I noted in my earlier memo, section 45a-624 allows designation in a nontestamentary instrument of a standby guardian and section 5-202 of the Uniform Probate Code allows appointment by nontestamentary instrument of a regular guardian.

I am enclosing a draft that would amend section 45a-596 and copies of the Uniform Probate Code provision. The Uniform Probate Code provision seems to me to be preferable because the Connecticut statute is limited to designation by a "surviving" parent. It is not clear, given that language, that a designation made at a time when both parents are living is valid, even though, as a matter of policy, it seems to me that parents ought to be able to agree on a designation. The UPC language avoids that problem. I will be looking for your advice and recommendations.

 

cc: I. Milton Widem