Substitute House Bill No. 5730
Substitute House Bill No. 5730
PUBLIC ACT NO. 98-52
AN ACT CONCERNING PROBATE MATTERS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Subsection (g) of section 19a-265
of the general statutes is repealed and the
following is substituted in lieu thereof:
(g) A petition by a director of health for a
commitment order pursuant to subdivision (5) of
subsection (c) of this section shall be heard by
the probate court for the district in which the
subject of such petition resides within three
business days of receipt of such petition [. The]
OR, IF A MOTION IS MADE FOR APPOINTMENT OF A
THREE-JUDGE COURT, WITHIN THREE BUSINESS DAYS OF
THE FILING OF SUCH MOTION. UPON THE MOTION OF THE
RESPONDENT OR OF THE JUDGE OF PROBATE FOR
APPOINTMENT OF A THREE-JUDGE COURT, THE Probate
Court Administrator shall appoint a three-judge
court from among the several judges of probate to
conduct the hearing. Such three-judge court shall
consist of at least one judge who is an
attorney-at-law admitted to practice in this
state. The judge of probate having jurisdiction
under the provisions of this section shall be a
member, provided such judge may disqualify
himself, in which case all three members of such
court shall be appointed by the Probate Court
Administrator. Such three-judge court when
convened shall be subject to all of the provisions
of law as if it were a single-judge court. The
involuntary confinement of a person under this
section BY A THREE-JUDGE COURT shall not be
ordered by the court without the vote of at least
two of the three judges convened hereunder. The
judges of such court shall designate a chief judge
from among their members. All records for any case
before the three-judge court shall be maintained
by the court of probate having jurisdiction over
the matter as if the three-judge court had not
been appointed. The court shall cause such
advanced notice as it directs thereof to be given
to the person who is the subject of the order and
such other persons as it may direct. The hearing
shall be held to determine: (1) If the person has
active tuberculosis; (2) if the person is
unwilling or unable to adhere to an appropriate
prescribed course of treatment for tuberculosis;
(3) if efforts have been made to educate and
counsel the person about the need to complete the
course of treatment; (4) if reasonably appropriate
enablers and incentives have been provided to the
person to facilitate the completion of treatment
by that person; (5) if the person has a
demonstrated pattern of persistent nonadherence to
treatment for tuberculosis; (6) if commitment for
the purposes of completion of the prescribed
course of treatment for active tuberculosis is
necessary to prevent the development of
drug-resistant tuberculosis organisms; and (7)
whether the order is necessary and is the least
restrictive available to protect the public health
in that other less restrictive alternatives to
encourage that person's adherence to the
prescribed course of treatment for tuberculosis
have failed. The Probate Court may issue a warrant
for the apprehension of a person who is the
subject of an order for commitment, and a police
officer for the town in which such court is
located, or if there is no such police officer
then the state police or such other officer as the
court may determine, shall deliver the person to
the place for confinement as determined by the
health director and as specified in subsection (d)
of this section.
Sec. 2. Section 46b-172a of the general
statutes, as amended by section 24 of public act
97-7 of the June 18 special session, is repealed
and the following is substituted in lieu thereof:
(a) Any person claiming to be the father of a
child born out of wedlock may at any time but no
later than sixty days after the date of notice
under section 45a-716, file a claim for paternity
with the court of probate for the district in
which either the mother or the child resides, on
forms provided by such court. The claim shall
contain the claimant's name and address, the name
and last-known address of the mother and the month
and year of the birth or expected birth of the
child. Within five days after the filing of a
claim for paternity, the judge of the court of
probate shall cause a certified copy of such claim
to be mailed by certified mail to (1) the vital
records section of the Department of Public Health
and (2) to the mother or prospective mother of
such child at the last-known address shown on the
claim for paternity. The claim for paternity shall
be admissible in any action for paternity under
section 46b-160, and shall estop the claimant from
denying his paternity of such child and shall
contain language that he acknowledges liability
for contribution to the support and education of
the child after its birth and for contribution to
the pregnancy-related medical expenses of the
mother.
(b) If a claim for paternity is filed by the
father of any minor child born out of wedlock, the
court of probate shall schedule a hearing on such
claim, send notice of the hearing to all parties
involved and proceed accordingly.
(c) The child shall be made a party to the
action. Said child shall be represented by a
guardian ad litem appointed by the court AND
COMPENSATED in accordance with section 45a-708.
[Payment shall be made in accordance with such
section from the Probate Court Administration
Fund.]
(d) In the event that the mother or the
claimant father is a minor, the court shall
appoint a guardian ad litem to represent him or
her in accordance with the provisions of section
45a-708. [Payment shall be made in accordance with
said section from the Probate Court Administration
Fund.] THE GUARDIAN AD LITEM SHALL BE COMPENSATED
IN ACCORDANCE WITH SECTION 45a-708.
(e) Upon the motion of the putative father,
the mother, or his or her counsel, or the judge of
probate having jurisdiction over such application,
filed not later than three days prior to any
hearing scheduled on such claim, the Probate Court
Administrator shall appoint a three-judge court
from among the several judges of probate to hear
such claim. Such three-judge court shall consist
of at least one judge who is an attorney-at-law
admitted to practice in this state. The judge of
the court of probate having jurisdiction over such
application under the provisions of this section
shall be a member, provided such judge may
disqualify himself in which case all three members
of such court shall be appointed by the Probate
Court Administrator. Such three-judge court when
convened shall have all the powers and duties set
forth under sections 17a-75 to 17a-83, inclusive,
17a-450 to 17a-484, inclusive, 17a-495 to 17a-528,
inclusive, 17a-540 to 17a-550, inclusive, 17a-560
to 17a-576, inclusive, and 17a-615 to 17a-618,
inclusive, and shall be subject to all of the
provisions of law as if it were a single-judge
court. The judges of such court shall designate a
chief judge from among their members. All records
for any case before the three-judge court shall be
maintained in the court of probate having
jurisdiction over the matter as if the three-judge
court had not been appointed.
(f) By filing a claim under this section, the
putative father submits to the jurisdiction of the
court of probate.
(g) Once alleged parental rights of the father
have been adjudicated in his favor under
subsection (b) of this section, or acknowledged as
provided for under section 46b-172, his rights and
responsibilities shall be equivalent to those of
the mother, including those rights defined under
section 45a-606. Thereafter, disputes involving
custody, visitation or support shall be
transferred to the Superior Court under chapter
815j, except that the probate court may enter a
temporary order for custody, visitation or support
until an order is entered by the Superior Court.
(h) Failing perfection of parental rights as
prescribed by this section, any person claiming to
be the father of a child born out of wedlock (1)
who has not been adjudicated the father of such
child by a court of competent jurisdiction, or (2)
who has not acknowledged in writing that he is the
father of such child, or (3) who has not
contributed regularly to the support of such child
or (4) whose name does not appear on the birth
certificate shall cease to be a legal party in
interest in any proceeding concerning the custody
or welfare of the child, including but not limited
to guardianship and adoption, unless he has shown
a reasonable degree of interest, concern or
responsibility for the child's welfare.
(i) Notwithstanding the provisions of this
section, after the death of the father of a child
born out of wedlock, a party deemed by the court
to have a sufficient interest may file a claim for
paternity on behalf of such father with the
probate court for the district in which either the
putative father resided or the party filing the
claim resides. If a claim for paternity is filed
pursuant to this subsection, the court of probate
shall schedule a hearing on such claim, send
notice of the hearing to all parties involved and
proceed accordingly.
Sec. 3. Section 45a-724 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The following persons may give a child in
adoption:
(1) A statutory parent appointed under the
provisions of section 17a-112, section 45a-717 or
section 45a-718 may, by written agreement, subject
to the approval of the Court of Probate as
provided in section 45a-727, give in adoption to
any adult person any minor child of whom he is the
statutory parent; provided, if the child has
attained the age of twelve, the child shall
consent to the agreement.
(2) Subject to the approval of the Court of
Probate as provided in section 45a-727, any parent
of a minor child may agree in writing with his or
her spouse that the spouse shall adopt or join in
the adoption of the child; if that parent is (A)
the surviving parent if the other parent has died;
(B) the mother of a child born out of wedlock,
provided that if there is a putative father who
has been notified under the provisions of section
45a-716, the rights of the putative father have
been terminated; (C) a former single person who
adopted a child and thereafter married; or (D) the
sole guardian of the person of the child, if the
other parent's parental rights have been
terminated. [or the other parent has been removed
as guardian of the person before October 1, 1973.]
(3) Subject to the approval of the Court of
Probate as provided in section 45a-727, the
guardian or guardians of the person of any minor
child who is free for adoption in accordance with
section 45a-725 may agree in writing with a
relative that the relative shall adopt the child.
For the purposes of this subsection "relative"
shall include, but not be limited to, a person who
has been adjudged by a court of competent
jurisdiction to be the father of a child born out
of wedlock, or who has acknowledged his paternity
under the provisions of section 46b-172a, with
further relationship to the child determined
through the father.
(b) If all parties consent to the adoption
under subdivisions (2) and (3) of subsection (a)
of this section, then the application to be filed
under section 45a-727 shall be combined with the
consent termination of parental rights to be filed
under section 45a-717. An application made under
subdivisions (2) and (3) of subsection (a) of this
section shall not be granted in the case of any
child who has attained the age of twelve without
the child's consent.
Sec. 4. Section 45a-725 of the general
statutes is repealed and the following is
substituted in lieu thereof:
A minor child shall be considered free for
adoption and the Court of Probate may grant an
application for the appointment of a statutory
parent if any of the following have occurred: (a)
The child has no living parents; [(b) the parents
were removed as guardians of the person before
October 1, 1973, in accordance with the provisions
of Connecticut law in effect before October 1,
1973; (c)] (b) all parental rights have been
terminated under Connecticut law; [(d)] (c) (1) in
the case of any child from outside the United
States, its territories or the Commonwealth of
Puerto Rico placed for adoption by the
Commissioner of Children and Families or by any
child-placing agency, the petitioner has filed an
affidavit that the child has no living parents or
that the child is free for adoption and that the
rights of all parties in connection with the child
have been properly terminated under the laws of
the jurisdiction in which the child was domiciled
before being removed to the state of Connecticut;
or (2) in the case of any child from any of the
United States, its territories or the Commonwealth
of Puerto Rico placed by the Commissioner of
Children and Families or a child-placing agency,
the petitioner has filed an affidavit that the
child has no living parents or has filed in court
a certified copy of the court decree in which the
rights of all parties in connection with the child
have been terminated under the laws of the
jurisdiction in which the child was domiciled
before being removed to the state of Connecticut,
and the child-placing agency obtained guardianship
or other court authority to place the child for
adoption. If no such affidavit or certified decree
has been filed, then termination of parental
rights proceedings shall be required.
Sec. 5. Section 45a-175 of the general
statutes, as amended by section 3 of public act
97-90, is repealed and the following is
substituted in lieu thereof:
(a) Courts of probate shall have jurisdiction
of the interim and final accounts of testamentary
trustees, trustees appointed by the courts of
probate, conservators, guardians, persons
appointed by probate courts to sell the land of
minors, executors, administrators and trustees in
insolvency, and, to the extent provided for in
this section, shall have jurisdiction of accounts
of the actions of trustees of inter vivos trusts
and attorneys-in-fact acting under powers of
attorney.
(b) A trustee or settlor of an inter vivos
trust or an attorney-in-fact or the successor of
the trustee, settlor or attorney-in-fact or the
grantor of such power of attorney or his legal
representative may make application to the court
of probate for the district where the trustee, OR
ANY ONE OF THEM, or the attorney-in-fact has [his
or its principal] ANY place of business or to the
court of probate for the district where the
trustee or any one of them or the settlor or the
attorney-in-fact or the grantor of the power
resides or, in the case of a deceased settlor or
grantor, to the court of probate having
jurisdiction over the estate of the settlor or
grantor OR FOR THE DISTRICT IN WHICH THE SETTLOR
OR GRANTOR RESIDED IMMEDIATELY PRIOR TO DEATH for
submission to the jurisdiction of the court of an
account for allowance of the trustee's or
attorney's actions under such trust or power.
(c) (1) Any beneficiary of an inter vivos
trust may petition a court of probate having
jurisdiction under this section for an accounting
by the trustee or trustees. The court may, after
hearing with notice to all interested parties,
grant the petition and require an accounting for
such periods of time as it determines are
reasonable and necessary on finding that: (A) The
beneficiary has an interest in the trust
sufficient to entitle him to an accounting, (B)
cause has been shown that an accounting is
necessary, and (C) the petition is not for the
purpose of harassment.
(2) A court of probate shall have jurisdiction
to require an accounting under subdivision (1) of
subsection (c) of this section if (A) a trustee of
the trust resides in its district, (B) in the case
of a corporate trustee, the trustee has [its
principal] ANY place of business in the district,
(C) any of the trust assets are maintained or
evidences of intangible property of the trust are
situated in the district, or (D) the settlor
resides in the district, OR, IN THE CASE OF A
DECEASED SETTLOR, RESIDED IN THE DISTRICT
IMMEDIATELY PRIOR TO DEATH.
(3) As used in subdivision (1) of subsection
(c) of this section, "beneficiary" means any
person currently receiving payments of income or
principal from the trust, or who may be entitled
to receive income or principal or both from the
trust at some future date, or the legal
representative of such person.
(d) The action to submit an accounting to the
court, whether by an inter vivos trustee or
attorney acting under a power of attorney or
whether pursuant to petition of another party,
shall not subject the trust or the power of
attorney to the continuing jurisdiction of the
probate court.
(e) If the court finds such appointment to be
necessary and in the best interests of the estate,
the court upon its own motion may appoint an
auditor to be selected from a list provided by the
Probate Court Administrator, to examine accounts
over which the court has jurisdiction under this
section, except those accounts on matters in which
the fiduciary or cofiduciary is a corporation
having trust powers. The Probate Court
Administrator shall promulgate regulations in
accordance with section 45a-77 concerning the
compilation of a list of qualified auditors. Costs
of the audit may be charged to the fiduciary, any
party in interest and the estate, in such
proportion as the court shall direct if the court
finds such charge to be equitable. Any such share
may be paid from the fund established under
section 45a-82, subject to the approval of the
Probate Court Administrator, if it is determined
that the person obligated to pay such share is
unable to pay or to charge such amount to the
estate would cause undue hardship.
(f) Upon the allowance of any such account,
the court shall determine the rights of the
fiduciaries or the attorney-in-fact rendering the
account and of the parties interested in the
account, subject to appeal as in other cases. The
court shall cause notice of the hearing on the
account to be given in such manner and to such
parties as it directs.
(g) In any action under this section, the
Probate Court shall have, in addition to powers
pursuant to this section, all the powers available
to a judge of the Superior Court at law and in
equity pertaining to matters under this section.
Sec. 6. Section 45a-151 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Upon application by executors, guardians,
conservators, administrators, trustees in
insolvency and trustees appointed, or whose
appointment has been approved, by the Court of
Probate, the court may, after [public] notice and
hearing, authorize such fiduciaries to compromise
and settle any doubtful or disputed claims or
actions, or any appeal from probate in favor of or
against the estates or persons represented by
them.
(b) In order to accomplish such compromise or
settlement, the court may authorize the
conveyance, with or without requiring a bond, of
the whole or any part of, or any easement or other
interest in, any real property situated in this
state forming part of the trust estate or owned by
any such trustee, executor or administrator or
owned by any deceased person, ward or incapable
person for whom such an executor, guardian,
conservator or administrator was appointed.
Sec. 7. Section 45a-376 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Court of Probate shall [direct the
fiduciary of the estate of a deceased person which
is represented to be insolvent to publish
newspaper notice and to give notice to such
persons as the court may direct to appear if they
see cause before the court, at a time and place
appointed by it and designated in such notice, to
be heard relative to such representation] CAUSE A
NOTICE OF THE ALLEGED INSOLVENCY OF AN ESTATE, OF
THE RIGHT OF INTERESTED PERSONS TO BE HEARD
RELATIVE TO THE REPRESENTATION OF INSOLVENCY, AND
OF THE TIME, DATE AND PLACE OF HEARING, TO BE (1)
PUBLISHED IN A NEWSPAPER HAVING A GENERAL
CIRCULATION IN THE PROBATE DISTRICT, AND (2) GIVEN
TO SUCH INTERESTED PERSONS AS THE COURT MAY
DIRECT. After hearing, the court shall determine
whether such estate shall be declared insolvent
and shall send a copy of the decree to all persons
in interest.
Sec. 8. Section 45a-144 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Any person claiming to be aggrieved by the
breach of a probate bond, as representative of the
estate in connection with which the bond was
given, or in his own right or in the right of
himself and all others having an interest in the
estate, may bring an action IN THE SUPERIOR COURT
OR MAY APPLY TO THE COURT OF PROBATE IN WHICH THE
BOND WAS GIVEN to recover for the breach in his
own name. [under the following conditions: (1)
Before bringing the action, the person shall
secure the consent of the judge of the court of
probate in which the bond was given; (2) if the
probate judge refuses to grant permission, the
person may make written application to a judge of
the Superior Court before which the proposed
action will be returnable. Upon receipt of the
application the Superior Court judge shall issue a
rule to show cause why permission should not be
granted, specifying a time when, and place where,
the matter will be heard and directing that it be
served in a manner which he deems proper, upon the
representative of the estate, if he is not the
applicant, and upon other persons who appear to
have an interest in the matter. If the judge, upon
hearing, finds that just cause exists for the
bringing of the action, he shall grant permission
to the applicant to bring it.]
(b) If [, upon] an application IS made OR AN
ACTION IS BROUGHT by one not acting as a
representative of the estate [,] AND the judge
concludes that the action ought to be prosecuted,
OR THE PROCEEDING OUGHT TO BE MAINTAINED, on
behalf of all persons interested in the estate in
connection with which the bond was given, [he] THE
JUDGE may order that [, if] the action [is brought
by the applicant, it] shall be brought, OR THE
PROCEEDING SHALL BE MAINTAINED, on behalf of all
such persons; but, in that event, such persons
need not be named in the writ, [or] complaint OR
APPLICATION.
(c) [When permission to bring the action is
granted to the representative of the estate or to
one acting on behalf of himself and all others
interested in the estate, the] THE judge shall
require that the applicant OR THE PERSON BRINGING
THE ACTION give a bond, with sufficient surety, in
an amount acceptable to [him] THE JUDGE, in the
nature of a probate bond. The bond shall be
conditioned upon the applicant's OR PLAINTIFF'S
well and truly accounting for any moneys recovered
in the action OR PROCEEDING and for his doings in
connection with the action OR PROCEEDING and with
the securing of payment of any moneys adjudged to
be due. [If permission to bring the action is
granted by a judge other than the judge of
probate, the] THE bond shall be [transmitted]
FILED, with the endorsement of its acceptance,
[to] IN the court of probate in which the estate
is in settlement. [, and shall be filed there.] If
THE APPLICATION IS MADE OR the action is brought
by a representative of the estate and the judge
deems the bond already given by him sufficient to
cover any amount which may be recovered in the
action OR PROCEEDING, no additional bond need be
required.
(d) The plaintiff in any action brought by
him, OR THE APPLICANT IN ANY PROCEEDING COMMENCED
BY HIM, as representative of the estate or on his
behalf and that of all persons interested in it
shall account for any moneys recovered to the
court of probate in which the estate is in
settlement. The court may allow to the APPLICANT
OR plaintiff a reasonable sum for his
disbursements and services in the action OR
PROCEEDING and in any subsequent proceedings to
enforce payment of any sum recovered, to be paid
from the amount recovered or by the estate.
Sec. 9. Section 17a-11 of the general
statutes, as amended by section 5 of public act
97-272, is repealed and the following is
substituted in lieu thereof:
(a) The commissioner may, in his discretion,
admit to the department on a voluntary basis any
child or youth who, in his opinion, could benefit
from any of the services offered or administered
by, or under contract with, or otherwise available
to, the department. Application for voluntary
admission shall be made in writing by the parent
or guardian of a child under fourteen years of age
or by such person himself if he is a child
fourteen years of age or older or a youth.
(b) A child or youth voluntarily admitted to
the department shall be deemed to be within the
care of the commissioner until such admission is
terminated. The commissioner shall terminate the
admission of any child or youth voluntarily
admitted to the department within ten days after
receipt of a written request for termination from
a parent or guardian of any child under fourteen
or from a child if fourteen years of age or over,
or youth, unless prior to the expiration of that
time the commissioner has sought and received from
the Superior Court an order of temporary custody
as provided by law. The commissioner may terminate
the admission of any child or youth voluntarily
admitted to the department after giving reasonable
notice in writing to the parent or guardian of any
child under fourteen years of age and to a child
over fourteen, and to any youth. Any child or
youth admitted voluntarily to the department may
be placed in, or transferred to, any resource,
facility or institution within the department or
available to the commissioner except Long Lane
School, provided the commissioner shall give
written notice to such child or youth and to the
parent or guardian of the child of his intention
to make a transfer at least ten days prior to any
actual transfer, unless written notice is waived
by those entitled to receive it, or unless an
emergency commitment of such child is made
pursuant to section 17a-502.
(c) Not more than one hundred twenty days
after admitting a child or youth on a voluntary
basis, the department shall petition the Probate
Court FOR THE DISTRICT IN WHICH A PARENT OR
GUARDIAN OF THE CHILD OR YOUTH RESIDES for a
determination as to whether continuation in care
is in the child's best interest and, if so,
whether there is an appropriate case service plan.
Upon receipt of such application, the court shall
set a time and place for hearing to be held within
thirty days of receipt of the application, unless
continued by the court for cause shown. The court
shall order notice of the hearing to be given by
[certified mail, return receipt requested,]
REGULAR MAIL at least five days prior to the
hearing to the Commissioner of Children and
Families, AND BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, AT LEAST FIVE DAYS PRIOR TO THE HEARING
TO the parents or guardian of the child and the
minor, if over twelve years of age. If the
whereabouts of the parent or guardian are unknown,
or if delivery cannot reasonably be effected, then
notice shall be ordered to be given by
publication. In making its determination the court
shall consider the items specified in subsection
(d) of this section.
(d) Not more than twelve months after a child
or youth is admitted to the department on a
voluntary basis, the commissioner shall file a
motion in the Probate Court FOR THE DISTRICT IN
WHICH A PARENT OR GUARDIAN OF THE CHILD OR YOUTH
RESIDES requesting a dispositional hearing on the
status of the child or youth. Upon receipt of such
motion, the court shall set a time and place for
hearing to be held within thirty days of receipt
of the motion, unless continued by the court for
cause shown. The court shall order notice of the
hearing to be given in accordance with subsection
(c) of this section. At the dispositional hearing,
all parties shall be heard and oral or written
reports, containing recommendations as to the best
interests of the child or youth may be presented.
In determining its order of disposition, the court
shall consider among other things: (1) The
appropriateness of the department's plan for
service to the child or youth and his family; (2)
the treatment and support services that have been
offered and provided to the child or youth to
strengthen and reunite the family; (3) if return
home is not likely for the child or youth, the
efforts that have been made or should be made to
evaluate and plan for other modes of care; and (4)
any further efforts which have been or will be
made to promote the best interests of the child or
youth. At the conclusion of the hearing, the court
shall, in accordance with the best interests of
the child or youth, enter an appropriate order of
disposition. The order may: (A) Direct that the
services being provided, or the placement of the
child or youth and reunification efforts, be
continued if the court, after hearing, determines
that continuation of the child or youth in
services or placement is in the child or youth's
best interests or (B) direct that the child or
youth's services or placement be modified to
reflect the child or youth's best interest. The
court shall possess continuing jurisdiction in
proceedings under this section and shall conduct a
further [depositional] DISPOSITIONAL hearing
whenever it deems necessary or desirable, but at
least every twelve months.
(e) The commissioner shall adopt regulations
in accordance with chapter 54 describing the
documentation required for voluntary admission and
for informal administrative case review, upon
request, of any denial of an application for
voluntary admission.
(f) Any person aggrieved by a decision of the
commissioner denying voluntary services may appeal
such decision through an administrative hearing
held pursuant to chapter 54.
(g) Notwithstanding any provision of sections
17a-1 to 17a-26, inclusive, and 17a-28 to 17a-49,
inclusive, to the contrary, any person already
under the care and supervision of the Commissioner
of Children and Families who has passed his
eighteenth birthday but has not yet reached his
twenty-first birthday, may be permitted to remain
voluntarily under the supervision of the
commissioner, provided said commissioner, in his
discretion determines that such person would
benefit from further care and support from the
Department of Children and Families.
(h) UPON MOTION OF ANY INTERESTED PARTY IN A
PROBATE COURT PROCEEDING UNDER THIS SECTION, THE
PROBATE COURT OF RECORD MAY TRANSFER THE FILE FOR
CAUSE SHOWN TO A PROBATE COURT FOR A DISTRICT
OTHER THAN THE DISTRICT IN WHICH THE INITIAL OR
DISPOSITIONAL HEARING WAS HELD. THE FILE SHALL BE
TRANSFERRED BY THE PROBATE COURT OF RECORD MAKING
COPIES OF ALL RECORDED DOCUMENTS IN THE COURT
FILE, CERTIFYING EACH OF THEM, AND DELIVERING THE
CERTIFIED COPIES TO THE PROBATE COURT TO WHICH THE
MATTER IS TRANSFERRED.
Sec. 10. Section 45a-257a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) If a testator fails to provide by will for
the testator's surviving spouse who married the
testator after the execution of the will, the
surviving spouse shall receive the same share of
the estate the surviving spouse would have
received if the decedent left no will unless: (1)
It appears from the will that the omission was
intentional; or (2) the testator provided for the
spouse by transfer outside the will and the intent
that the transfer be in lieu of a testamentary
provision is shown by the testator's statements,
or is reasonably inferred from the amount of the
transfer or other evidence.
(b) In satisfying a share provided in
subsection (a) of this section, devises and
legacies made by the will abate in accordance with
section 45a-426.
(c) A SURVIVING SPOUSE RECEIVING A SHARE UNDER
THIS SECTION MAY NOT ELECT TO TAKE A STATUTORY
SHARE UNDER SECTION 45a-436.
Sec. 11. Section 45a-257e of the general
statutes is repealed and the following is
substituted in lieu thereof:
[The revocation of any will by divorce,
annulment or dissolution of marriage,] ANY WILL
executed on or after October 1, 1967, and prior to
January 1, 1997, shall be [in accordance with]
GOVERNED BY the provisions of section 45a-257 of
the general statutes, revision of 1958, revised to
January 1, 1995, CONCERNING THE REVOCATION OF A
WILL BY MARRIAGE, DIVORCE, ANNULMENT, DISSOLUTION
OR BIRTH OR ADOPTION OF A MINOR CHILD.
Sec. 12. Subsection (e) of section 1-56b of
the general statutes is repealed and the following
is substituted in lieu thereof:
(e) If a conservator of the estate of the
principal is appointed, [after the occurrence of
the disability or incompetence of the principal,]
the power of attorney shall cease at the time of
the appointment, and the person acting under the
power of attorney shall account to the conservator
rather than to the principal. If the principal
dies, the power of attorney shall cease at the
time of the principal's death, and the person
acting under the power of attorney shall account
to the fiduciary of the principal's estate.
Sec. 13. Section 1-56j of the general statutes
is repealed and the following is substituted in
lieu thereof:
If a conservator of the estate of the
principal is appointed, [after the occurrence of
the disability or incapacity,] the power of
attorney shall cease at the time of the
appointment and the person acting under the power
of attorney shall account to the conservator
rather than to the principal.
Sec. 14. Section 45a-317 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The temporary administrator or officer
appointed pursuant to the provisions of section
45a-316 shall take immediate possession of all the
real and personal property of the deceased,
collect the rents, debts and income thereof and do
any additional acts necessary for the preservation
of the estate that the court authorizes.
(b) Such administrator or officer may be
authorized by the court to sell any personal
property of the estate which is perishable in its
nature or which the court finds cannot be retained
to advantage, and may be further authorized to
make up or complete any stock or materials in an
unfinished state, and to continue any business, so
far as may be necessary for the preservation of
the same.
(c) Such administrator may be authorized by
the court to sell OR MORTGAGE any real property of
the estate.
(d) Such administrator or officer shall file
forthwith under oath an inventory of all personal
property of the deceased and, when ordered to do
so, shall exhibit to the court an account of his
actions.
(e) Such administrator or officer may be
removed by the court with or without notice and a
successor appointed whenever such action appears
to the court advisable.
(f) Upon the appointment and qualification of
the administrator or the administrator with the
will annexed or the qualification of the executor,
such temporary administrator or such officer shall
exhibit forthwith to the court an account of his
trust and deliver to the administrator, executor
or administrator with the will annexed all of the
estate of the deceased remaining in his hands.
Approved May 19, 1998