Law Revision Commission

Proposed Draft

Concerning Parental Appointment of Guardian

December 16, 1999

Section 45a-596 of the general statutes is repealed and the following is substituted in lieu thereof:

[Testamentary] PARENTAL APPOINTMENT OF guardian or coguardians.

(a) The [surviving] parent of [any] AN UNMARRIED minor, EXCEPT A PARENT WHO HAS BEEN REMOVED AS GUARDIAN OF THE PERSON OF THE MINOR, may by will OR OTHER WRITING SIGNED BY THE PARENT AND ATTESTED BY AT LEAST TWO WITNESSES appoint a person or persons as guardian or coguardians of the person of such minor, [a] AS guardian or coguardians of the estate, or both, TO SERVE IF THE PARENTS WHO ARE GUARDIANS OF THE MINOR ARE DEAD. IF TWO OR MORE INSTRUMENTS, WHETHER BY WILL OR OTHER WRITING, CONTAIN AN APPOINTMENT, THE LATEST EFFECTIVE APPOINTMENT MADE BY THE LAST SURVIVING PARENT HAS PRIORITY. Such appointment shall not supersede the previous appointment of a guardian made by the court of probate having jurisdiction.

(b) The ward of SUCH a [testamentary] guardian may, when he or she is over the age of twelve, apply to the court of probate in which such ward resides, for the substitution of a guardian or coguardians of [his] THE person to supersede the [testamentary] APPOINTED guardian. The court of probate may, upon such application and hearing, substitute [such] THE guardian or coguardians chosen by [such] THE ward to be the guardian or coguardians of the person of the ward AFTER CONSIDERATION OF THE STANDARDS SET FORTH IN SECTION 45a-617.

(c) A PARENTAL APPOINTMENT BECOMES EFFECTIVE WHEN THE GUARDIAN'S WRITTEN ACCEPTANCE IS FILED IN THE COURT IN WHICH THE NOMINATING INSTRUMENT IS PROBATED, OR, IN THE CASE OF A NON-TESTAMENTARY NOMINATING INSTRUMENT, IN THE COURT WHERE THE MINOR RESIDES. Any guardian or coguardians appointed pursuant to this section shall receive the [trust] APPOINTMENT subject to the control of the court of probate [as specified in this section] and subject to the provisions and restrictions to which the [trust] LAST SURVIVING PARENT, AS GUARDIAN, was subject [in the hands of the parent] at the time of [his] THAT PARENT'S decease. [A guardian or coguardians of the person shall furnish a written acceptance of guardianship and, if] IF the court deems it necessary for the protection of the minor, A GUARDIAN OR COGUARDIANS OF THE PERSON SHALL FURNISH a probate bond. A guardian or coguardians of the estate shall furnish a probate bond. Upon such acceptance of guardianship or furnishing such bond, [such] THE guardian or coguardians shall have the same power over the person and estate of [such] minor as guardians appointed by the court of probate.