*See Sec. 46b-224 re operation of Probate Court order changing or transferring guardianship of child who is subject of preexisting support order.
Annotations to former chapter 777:
Probate Court has full jurisdiction of persons and estates of minors; jurisdiction of Superior Court limited to appeals from probate, proceedings incidental to divorce actions and writs of habeas corpus. 97 C. 442; 99 C. 156.
Annotations to present chapter:
Cited. 24 CA 402.
Cited. 44 CS 169.
Secs. 45a-591 and 45a-592. Reserved
Sec. 45a-598. Parental visitation of protected adult.
Sec. 45a-599. Transfer of guardianship file between Probate Courts.
Secs. 45a-600 to 45a-602. Reserved
Sec. 45a-603. (Formerly Sec. 45-42). Residence of minor defined.
Sec. 45a-604. (Formerly Sec. 45-42a). Definitions.
Sec. 45a-605. (Formerly Sec. 45-42b). Provisions construed in best interest of minor child.
Sec. 45a-606. (Formerly Sec. 45-43). Father and mother joint guardians.
Sec. 45a-608. (Formerly Sec. 45-44a). Temporary custody of minor. Rights and duties.
Secs. 45a-608a to 45a-608m. Reserved
Sec. 45a-610. (Formerly Sec. 45-44c). Removal of parent as guardian.
Sec. 45a-611. (Formerly Sec. 45-44d). Reinstatement of parent as guardian of the person of minor.
Sec. 45a-618. (Formerly Sec. 45-45c). Enforcement of decree and award of custody by warrant.
Sec. 45a-619. (Formerly Sec. 45-45d). Investigation by Commissioner of Children and Families.
Sec. 45a-621. (Formerly Sec. 45-45f). Appointment of guardian ad litem.
Sec. 45a-623. Transfer of proceeding to Superior Court or Regional Children's Probate Court.
Sec. 45a-624. Designation of standby guardian of minor.
Sec. 45a-624a. Consent of parents required for designation of standby guardian.
Sec. 45a-624b. Form for designation of standby guardian.
Sec. 45a-624c. Written statement that designation of standby guardian in full force and effect.
Sec. 45a-624d. Authority of standby guardian.
Sec. 45a-624e. Authority of standby guardian after death of principal.
Sec. 45a-624f. Revocation of designation of standby guardian.
Sec. 45a-624g. Probate Court to resolve disputes concerning designation of standby guardian.
Sec. 45a-625. Guardian of person of minor to report to probate court re condition of minor.
Secs. 45a-626 and 45a-627. Reserved
Sec. 45a-628. Reserved
Sec. 45a-629. (Formerly Sec. 45-47). Appointment of guardian for minor's estate.
Sec. 45a-632. (Formerly Sec. 45-50). Appointment of guardian of estate of nonresident minor.
Sec. 45a-634. (Formerly Sec. 45-53). Inventory of ward's property by guardian of estate.
Sec. 45a-635. (Formerly Sec. 45-55). Removal by foreign guardian of ward's personal property.
Sec. 45a-637. (Formerly Sec. 45-57). Guardians of estate of minors may make partition.
Sec. 45a-638. (Formerly Sec. 45-57a). Court may order guardian to convey real property.
Secs. 45a-639 to 45a-643. Reserved
Sec. 45a-644. (Formerly Sec. 45-70a). Definitions.
Sec. 45a-645. (Formerly Sec. 45-70). Naming of own conservator for future incapacity.
Sec. 45a-645a. Recording of proceedings required.
Sec. 45a-645b. Rules of evidence re hearings. Testimony.
Sec. 45a-645c. Probate Court to schedule hearing to facilitate attendance by conserved person.
Sec. 45a-645d. Appointment of successor conservator.
Sec. 45a-646. (Formerly Sec. 45-70e). Petition for voluntary representation.
Sec. 45a-647. (Formerly Sec. 45-70f). Release from voluntary representation.
Sec. 45a-652. (Formerly Sec. 45-71a). Application for appointment of conservator of the estate.
Sec. 45a-654. (Formerly Sec. 45-72). Appointment of temporary conservator. Duties.
Sec. 45a-657. (Formerly Sec. 45-75b). Court to resolve conflicts between conservators.
Sec. 45a-659. (Formerly Sec. 45-76). Conservator of nonresident's property.
Sec. 45a-662. (Formerly Sec. 45-77b). Conveyance of property by order of court.
Sec. 45a-663. Compensation of conservator if conserved person is unable to pay.
Secs. 45a-664 to 45a-666. Reserved
Sec. 45a-667. Short title: Connecticut Uniform Adult Protective Proceedings Jurisdiction Act.
Sec. 45a-667c. Treatment of foreign country.
Sec. 45a-667d. Communication with court in another state. Recording of communication.
Sec. 45a-667e. Request for assistance made to or received from a court of another state.
Sec. 45a-667f. Testimony taken in another state. Evidence transmitted by technological means.
Sec. 45a-667g. Jurisdiction: Definitions; significant connection factors.
Sec. 45a-667h. Involuntary representation: Determination of jurisdiction. Hearing required.
Sec. 45a-667i. Determination of jurisdiction re appointment of conservator.
Sec. 45a-667j. Temporary conservators. Special jurisdiction.
Sec. 45a-667k. Exclusive and continuing jurisdiction. Exceptions.
Sec. 45a-667l. Declination of jurisdiction if court of another state is more appropriate forum.
Sec. 45a-667n. Notice re petition when this state is not respondent's home state.
Sec. 45a-667o. Petitions for involuntary representation filed in more than one state.
Sec. 45a-667p. Transfer of conservatorship to another state.
Sec. 45a-667q. Acceptance of conservatorship transferred from another state.
Sec. 45a-667r. Registration of conservator of the person order from another state.
Sec. 45a-667s. Registration of conservator of the estate order from another state.
Sec. 45a-667t. Effect of registration of conservatorship order from another state.
Sec. 45a-667u. Uniformity of application and construction.
Sec. 45a-667v. Relation of act to Electronic Signatures in Global and National Commerce Act.
Sec. 45a-669. (Formerly Sec. 45-321). Definitions.
Sec. 45a-670. (Formerly Sec. 45-322). Petition for guardianship.
Sec. 45a-671. (Formerly Sec. 45-323). Hearing on petition for guardianship. Notice.
Sec. 45a-672. (Formerly Sec. 45-324). Notice of hearing.
Sec. 45a-673. (Formerly Sec. 45-325). Appointment of counsel. Payment of cost for indigent persons.
Sec. 45a-675. (Formerly Sec. 45-327). Right of respondent to be at hearing.
Sec. 45a-676. (Formerly Sec. 45-328). Appointment of plenary guardian or limited guardian.
Sec. 45a-678. (Formerly Sec. 45-330). Removal of plenary or limited guardian.
Sec. 45a-681. (Formerly Sec. 45-333). Review of guardianship by court.
Secs. 45a-685 to 45a-689. Reserved
Sec. 45a-690. (Formerly Sec. 45-78p). Definitions.
Sec. 45a-693. (Formerly Sec. 45-78s). Hearing. Notice.
Sec. 45a-694. (Formerly Sec. 45-78t). Appointment of counsel to represent respondent. Compensation.
Sec. 45a-697. (Formerly Sec. 45-78w). Informed consent. Refusal of sterilization.
Sec. 45a-699. (Formerly Sec. 45-78y). Hearing. Evidence. Grounds for sterilization.
Sec. 45a-699a. Stay of order or decree permitting sterilization.
Secs. 45a-701 and 45a-702. Reserved
Sec. 45a-703. Application for determination of competency to vote.
Secs. 45a-704 and 45a-705. Reserved
*Cited. 33 CA 673.
Secs. 45a-591 and 45a-592. Reserved for future use.
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Sec. 45a-593. (Formerly Sec. 45-58). United States Secretary of Veterans Affairs or successor to be a party in interest. Notice. (a) The United States Secretary of Veterans Affairs or the Secretary's successor, shall be a party in interest in any proceedings brought under any provision of the general statutes for the appointment of a guardian or conservator of a veteran of any war or other beneficiary on whose account benefits of compensation, adjusted compensation, pension or insurance or other benefits are payable by the United States Department of Veterans Affairs.
(b) The United States Secretary of Veterans Affairs or the Secretary's successor, shall be an interested party in the administration of the estate of any ward or conserved person on whose account the benefits are payable or whose estate includes assets derived from benefits paid by the United States Department of Veterans Affairs, its predecessor or successor.
(c) Written notice shall be given by regular mail, unless waived in writing, to the division of the office of the United States Department of Veterans Affairs having jurisdiction over the area in which the court is located, of the time and place for a hearing on any petition or pleading or in connection with any proceeding pertaining to or affecting in any manner the administration of the estate of any beneficiary of the department. Notice shall be mailed in time to reach such office not less than ten days before the date of the hearing or other proceeding.
(1949 Rev., S. 6865; P.A. 80-476, S. 101; P.A. 95-316, S. 6; P.A. 07-116, S. 8; P.A. 18-72, S. 37.)
History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-58 transferred to Sec. 45a-593 in 1991; P.A. 95-316 amended Subsec. (a) by adding reference to conservators and amended Subsec. (b) by changing notice by registered or certified mail to notice by regular mail; P.A. 07-116 added reference to “conserved person” in Subsec. (b) and made technical changes; P.A. 18-72 amended Subsecs. (a) and (b) to replace reference to Administrator of Veterans' Affairs with references to United States Secretary of Veterans Affairs, and replaced references to Veterans' Administration with references to United States Department of Veterans Affairs.
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Sec. 45a-594. (Formerly Sec. 45-60). Compensation of guardian or conservator of social services beneficiary or veteran. (a) Compensation payable to the conservator or guardian of any person who is supported wholly or in part by the state in any humane institution, or who is receiving benefits under any of the state's programs of public assistance, shall be based upon services rendered and shall not exceed five per cent of the gross income to the estate during the period covered by any account. The conservator or guardian shall be entitled to compensation of not less than fifty dollars for any accounting period continuing for at least a year. If extraordinary services are rendered by any conservator or guardian, the court of probate, upon petition and hearing, may authorize reasonable additional compensation. A copy of the petition and notice of hearing shall be lodged in the office of the Commissioner of Administrative Services in Hartford at least ten days before the hearing. No commission or compensation shall be allowed on any moneys or other assets received from a prior guardian or conservator nor upon any amount received from liquidation of loans or other investments.
(b) Compensation payable to the conservator or guardian of any veteran or other beneficiary of the United States Department of Veterans Affairs for administering moneys paid by the United States through the department, or revenue or profit from any property wholly or partially acquired therewith, shall be based upon services rendered and shall not exceed five per cent of the amount of moneys received during the period covered by the account. If extraordinary services are rendered by any conservator or guardian, the Court of Probate, upon petition and hearing, may authorize reasonable additional compensation. A copy of the petition and notice of hearing shall be given to the proper office of the United States Department of Veterans Affairs in the manner provided for hearing on other petitions or pleadings filed by such conservators or guardians. No commission or compensation shall be allowed on the moneys or other assets received from a prior guardian nor upon the amount received from liquidation of loans or other investments.
(1949, S. 1644d; 1957, P.A. 237; P.A. 73-616, S. 36; P.A. 77-614, S. 70, 610; P.A. 80-476, S. 102; P.A. 91-49, S. 2; P.A. 18-72, S. 38.)
History: P.A. 73-616 required that copy of petition and hearing notice be lodged in office of commissioner of finance and control rather than in office of welfare commissioner in Subsec. (a); P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services; P.A. 80-476 rephrased provisions; Sec. 45-60 transferred to Sec. 45a-594 in 1991; P.A. 91-49 amended section by removing references to “minor or incompetent” person; P.A. 18-72 replaced references to Veterans' Administration with references to United States Department of Veterans Affairs.
Conserved person represented by an attorney may appeal from Probate Court decree approving conservator's compensation under Subsec. (a) without a guardian ad litem or next friend, upon a showing that it is in his or her best interests to do so. 276 C. 526; judgment reversed in part, see 304 C. 234.
Cited. 45 CA 490.
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Sec. 45a-595. (Formerly Sec. 45-59). Investment of funds in insurance and annuity contracts by conservator or guardian of estate. Upon application of a conservator or the guardian of the estate of a ward, conserved person or other incapable person, the Court of Probate may authorize the conservator or guardian to invest income or principal of the estate, to the extent found reasonable by the court under all the circumstances, in one or more policies of life or endowment insurance or one or more annuity contracts issued by a life insurance company authorized to conduct business in this state, on the life of the ward, conserved person or incapable person, or on the life of a person in whose life the ward, conserved person or incapable person has an insurable interest. Any such policy or contract shall be the sole property of the ward, conserved person or incapable person whose funds are invested in it.
(1949, S. 2903d; P.A. 80-476, S. 103; P.A. 07-116, S. 9.)
History: P.A. 80-476 made minor changes in wording; Sec. 45-59 transferred to Sec. 45a-595 in 1991; P.A. 07-116 added references to conserved person, and added reference to other incapable person.
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Sec. 45a-596. (Formerly Sec. 45-51). Parental appointment of guardian or coguardian of minor upon death of parents. (a) The parent of 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, 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 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 the person to supersede the appointed guardian. The court of probate may, upon such application and hearing, substitute the guardian or coguardians chosen by 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 nontestamentary nominating instrument, in the court for the probate district where the minor resides. Any guardian or coguardians appointed pursuant to this section shall receive the appointment subject to the control of the court of probate and subject to the provisions and restrictions to which the last surviving parent, as guardian, was subject at the time of such parent's decease. 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, 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.
(1949 Rev., S. 6858; P.A. 80-227, S. 5, 24; 80-476, S. 104; P.A. 86-200, S. 3; 86-264, S. 4; P.A. 96-98; P.A. 00-76, S. 1.)
History: P.A. 80-227 authorized separate appointments of guardian of person and guardian of estate where previously one appointee served in both capacities in all cases and added provisions clarifying bond requirement and respective powers and duties of guardian of the person and guardian of the estate, effective July 1, 1981; P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 86-200 and P.A. 86-264 included references to coguardians; P.A. 86-264 also amended Subsec. (b) by adding provision re substitution of guardian or coguardian if ward is over the age of 12; Sec. 45-51 transferred to Sec. 45a-596 in 1991; P.A. 96-98 made technical changes in Subsecs. (a) and (c) and amended Subsec. (b) by deleting provision re ability of custodial parent alone to appoint guardian; P.A. 00-76 amended Subsec. (a) to permit parental appointment of guardian or coguardian of minor child upon death of the parents by will or other writing attested by at least two witnesses, and to provide in the case of two appointing documents that the latest effective appointment prevails, amended Subsec. (b) to add provision re consideration of Sec. 45a-617 standards, amended Subsec. (c) to delete provision re written acceptance of guardianship and to provide that parental appointment becomes effective when guardian's written acceptance is filed in probate court where nomination instrument is probated, or if instrument is nontestamentary, in the court for the probate district where the minor resides, and made conforming and technical changes throughout.
Presumption that it is in child's best interest to allow a testamentary guardian named pursuant to section to serve as such is rebuttable by demonstrating, by a fair preponderance of the evidence, that it would be detrimental to the child to permit testamentary guardian to serve as such, and that detriment may be shown not just by demonstrating guardian's unfitness, but by demonstrating considerations that would be damaging, injurious or harmful to the child. 260 C. 182.
Section to be interpreted as mandating the appointment of sole surviving parent's testamentary choice of a guardian; presumption that best interests of child served by the appointment may be rebutted only by showing such appointment would be detrimental to the child. 24 CA 402.
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Sec. 45a-597. (Formerly Sec. 45-60a). Payment by guardian or conservator of administration expenses of deceased person. (a) Upon the death of a person with respect to whose estate a guardian or conservator has been duly appointed by a Probate Court, has qualified and is acting as such, if (1) the estate consists entirely of personalty, and (2) the estate remaining in the hands of the guardian or conservator at the time of the death of the person is not more than sufficient to pay expenses incurred during the lifetime of the person and not paid as of the date of death, administration expenses necessary to the settlement of the fiduciary's final account and the funeral expenses, including the cost of a suitable monument and cemetery plot, then such guardian or conservator may pay such expenses and take credit therefor on his final account. The payments shall be subject to the limitations set forth in sections 17b-95 and 17b-300.
(b) If the estate is less than sufficient to pay all such expenses in full, the provisions of section 45a-365 as to order of payment shall govern.
(1967, P.A. 872; 1969, P.A. 650; 1972, P.A. 294, S. 38; P.A. 80-476, S. 105; P.A. 84-294, S. 6; P.A. 91-49, S. 3; P.A. 11-128, S. 7; P.A. 21-100, S. 12.)
History: 1969 act added reference to Sec. 17-300; 1972 act deleted references to Secs. 17-105 and 17-129 and added reference to Sec. 17-83g; P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 84-294 amended Subsec. (a) by rewording provision re payment of administration expenses; Sec. 45-60a transferred to Sec. 45a-597 in 1991; P.A. 91-49 amended Subsec. (a) by deleting phrase “who had been duly adjudicated incompetent by a court of probate and” and deleting references to “ward or incompetent” and substituting “protected person” in lieu thereof; P.A. 11-128 amended Subsec. (b) to substitute reference to Sec. 45a-365 for reference to Sec. 45a-392, effective July 1, 2011; P.A. 21-100 amended Subsec. (a) by replacing “minor” with “person”, deleting provision re death of person with respect to whose estate conservator has been appointed, replacing “protected person” with “person” and making technical changes, effective July 1, 2021.
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Sec. 45a-598. Parental visitation of protected adult. Any person who is the parent of an adult person with intellectual disability or a mental disability for whom a conservator of the person or guardian has been appointed may file a motion with the probate court having jurisdiction over the conservatorship or guardianship seeking an order of visitation with such adult person. After notice and hearing, the court may grant the order which shall set forth the terms and conditions of visitation including, but not limited to, the schedule of visitation, including the dates or days, time and place or places in which the visitation can occur, whether overnight visitation will be allowed and any other terms and conditions which the judge determines should be incorporated into the order of visitation which are in the best interest of the person with whom visitation is sought.
(P.A. 95-147; P.A. 11-129, S. 20.)
History: Pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability”.
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Sec. 45a-599. Transfer of guardianship file between Probate Courts. (a) On the petition of a party or on the court's own motion, a Probate Court may transfer a matter concerning the guardianship of the person of a minor under sections 45a-603 to 45a-625, inclusive, or termination of parental rights under sections 45a-715 to 45a-719, inclusive, to another Probate Court where a prior matter concerning the same minor is pending or continuing, provided the transferring court finds that the transfer is in the best interest of the minor.
(b) When any minor for whom a guardian has been appointed becomes a resident of any town in the state in a probate district other than the one in which a guardian was appointed, such court in that district may, upon motion of any person deemed by the court to have sufficient interest in the welfare of the respondent, including, but not limited to, the guardian or a relative of the minor under guardianship, transfer the file to the probate district in which the minor under guardianship resides at the time of the motion, provided the transfer is in the best interest of the minor.
(c) Upon issuance of an order to transfer a file under this section, the transferring court shall transmit a digital image of each document in the court file to the transferee court using the document management system maintained by the Office of the Probate Court Administrator. The transferee court shall thereupon assume jurisdiction over the guardianship.
(P.A. 96-202, S. 9; P.A. 17-136, S. 12; P.A. 18-45, S. 8.)
History: P.A. 17-136 replaced provision re transfer and delivery of documents with provision transferring court to transmit digital image of each document in court file to transferee court using document management system maintained by the Office of the Probate Court Administrator, effective January 1, 2018; P.A. 18-45 added Subsec. (a) re transfer of guardianship matter to another Probate Court where prior matter concerning same minor is pending or continuing, designated existing provisions re transfer of file to probate district in which minor under guardianship resides as Subsec. (b), and amended same by replacing “application” with “motion”, and designated existing provisions re transmission of digital image of documents to transferee court and court's assumption of jurisdiction over guardianship as Subsec. (c), effective January 1, 2019.
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Secs. 45a-600 to 45a-602. Reserved for future use.
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*Cited. 33 CA 673.
Sec. 45a-603. (Formerly Sec. 45-42). Residence of minor defined. For the purposes of sections 45a-132, 45a-593 to 45a-597, inclusive, 45a-603 to 45a-622, inclusive, and 45a-629 to 45a-638, inclusive, the residence of a minor means his or her actual residence and not that imputed to the minor by the residence of his or her parents or guardian.
(1949 Rev., S. 6849; P.A. 79-460, S. 3.)
History: P.A. 79-460 added feminine personal pronouns where necessary; Sec. 45-42 transferred to Sec. 45a-603 in 1991.
See Sec. 45a-604 for applicable definitions.
Annotations to former section 45-42:
Cited. 135 C. 128; 193 C. 393.
Child's domicile is that of the parent with whom he actually lives. 14 CS 59.
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Sec. 45a-604. (Formerly Sec. 45-42a). Definitions. As used in sections 45a-603 to 45a-622, inclusive:
(1) “Mother” means a woman who is a parent as defined in section 46b-451;
(2) “Father” means a man who is a parent as defined in section 46b-451;
(3) “Parent” has the same meaning as provided in section 46b-451;
(4) “Minor” or “minor child” means a person under the age of eighteen;
(5) “Guardianship” means guardianship of the person of a minor, and includes: (A) The obligation of care and control; (B) the authority to make major decisions affecting the minor's education and welfare, including, but not limited to, consent determinations regarding marriage, enlistment in the armed forces and major medical, psychiatric or surgical treatment; and (C) upon the death of the minor, the authority to make decisions concerning funeral arrangements and the disposition of the body of the minor;
(6) “Guardian” means a person who has the authority and obligations of “guardianship”, as defined in subdivision (5) of this section;
(7) “Termination of parental rights” means the complete severance by court order of the legal relationship, with all its rights and responsibilities, between the child and the child's parent or parents so that the child is free for adoption, except that it shall not affect the right of inheritance of the child or the religious affiliation of the child;
(8) “Permanent guardianship” means a guardianship, as defined in subdivision (5) of this section, that is intended to endure until the minor reaches the age of majority without termination of the parental rights of the minor's parents; and
(9) “Permanent guardian” means a person who has the authority and obligations of a permanent guardianship, as defined in subdivision (8) of this section.
(P.A. 79-460, S. 1; P.A. 81-472, S. 100, 159; P.A. 96-130, S. 1; P.A. 99-84, S. 4; P.A. 00-5; 00-157, S. 7, 8; 00-196, S. 31; June 12 Sp. Sess. P.A. 12-1, S. 274; P.A. 21-15, S. 105; P.A. 22-37, S. 18.)
History: P.A. 81-472 made technical changes; Sec. 45-42a transferred to Sec. 45a-604 in 1991; P.A. 96-130 added Subdiv. (7) defining “termination of parental rights”; P.A. 99-84 amended definition of “father” in Subdiv. (2) to include “a man who, in accordance with section 46b-172, executes a binding acknowledgment of paternity”; P.A. 00-5 added Subdiv. (5)(C) in definition of “guardianship” re authority, upon the death of minor, to make decisions concerning funeral arrangements and disposition of minor's body; P.A. 00-157 amended Subdiv. (5)(B) to add education, effective July 1, 2001; P.A. 00-196 made technical changes in Subdiv. (1); June 12 Sp. Sess. P.A. 12-1 made definitions applicable to Sec. 45a-616a, made technical changes in Subdiv. (6) and added Subdiv. (8) defining “permanent guardianship” and Subdiv. (9) defining “permanent guardian”; P.A. 21-15 redefined “mother” in Subdiv. (1), “father” in Subdiv. (2), and “parent” in Subdiv. (3), effective January 1, 2022; P.A. 22-37 made a technical change in Subdiv. (2).
Annotations to former section 45-42a:
Cited. 193 C. 393.
Cited. 6 CA 707.
Annotations to present section:
Cited. 231 C. 1.
Taken together, under Subdiv. (5) and Secs. 45a-605(a) and 45a-606, authority to make major decisions affecting child's welfare intended to effectuate child's best interest includes authority to make legal decisions on behalf of the minor and would include, in this case, authority to assert child's legal rights in a court of law. 76 CA 693.
Cited. 44 CS 169.
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Sec. 45a-605. (Formerly Sec. 45-42b). Provisions construed in best interest of minor child. (a) The provisions of sections 45a-603 to 45a-622, inclusive, shall be liberally construed in the best interests of any minor child affected by them, provided the requirements of such sections are otherwise satisfied.
(b) All proceedings held under said sections shall, in the best interests of the minor child, be held without unreasonable delay.
(P.A. 79-460, S. 2; P.A. 85-244, S. 1, 3.)
History: P.A. 85-244 amended Subsec. (a) by adding “provided the requirements of such sections are otherwise satisfied”; Sec. 45-42b transferred to Sec. 45a-605 in 1991.
Annotations to former section 45-42b:
Statute is unambiguous declaration of legislative intent and an acknowledgment of standard to be used on issue of custody even where surviving biological parent claims entitlement to custody of minor child under Sec. 45-43. 193 C. 393.
Cited. 3 CA 194.
Annotations to present section:
Cited. 231 C. 1.
Cited. 24 CA 402. Trial court record supports best interests of the child standard. 47 CA 105. Taken together, under Subsec. (a) and Secs. 45a-604(5) and 45a-606, authority to make major decisions affecting child's welfare intended to effectuate child's best interest includes authority to make legal decisions on behalf of the minor and would include, in this case, authority to assert child's legal rights in a court of law. 76 CA 693.
Cited. 44 CS 169.
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Sec. 45a-606. (Formerly Sec. 45-43). Father and mother joint guardians. The father and mother of every minor child are joint guardians of the person of the minor, and the powers, rights and duties of the father and the mother in regard to the minor shall be equal. If either father or mother dies or is removed as guardian, the other parent of the minor child shall become the sole guardian of the person of the minor.
(1949 Rev., S. 6850; 1959, P.A. 177; 1969, P.A. 691, S. 1; 1972, P.A. 127, S. 66; P.A. 73-156, S. 19; P.A. 74-164, S. 13, 20; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 79-460, S. 4.)
History: 1959 act authorized application to remove parent as guardian by mother of child born out of wedlock for purposes of placing child for adoption by private agency; 1969 act added reference to placement of child for adoption by welfare commissioner in provision added by 1959 act, specified that notice must be given parents unless “the parent to be affected thereby is over twenty-one years of age” and has lodged written waiver with court and required appointment of guardian ad litem for parents under 21; 1972 act reduced age of majority from 21 to 18, amending references to parents' age accordingly; P.A. 73-156 deleted provision re application to remove parent as guardian made by mother of child born out of wedlock, required ten days' notice of hearing rather than five, authorized appointment of guardian ad litem when parent is incompetent and defined “guardian” and “guardian of the person” for purposes of section; P.A. 74-164 deleted definition added by 1973 act; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 79-460 made provisions applicable to every minor child where previously applicable to “legitimate” children and deleted detailed provisions re procedure for removal of parent or parents as guardian; Sec. 45-43 transferred to Sec. 45a-606 in 1991.
See Sec. 17a-111 re statement that parents are not entitled to earnings of child supported by Commissioner of Children and Families.
See Sec. 19a-285 re consent by minor parent.
See Sec. 46b-570(a) re establishment of paternity by acknowledgment.
Annotations to former section 45-43:
Guardian appointed while minor is not of age to choose is guardian till majority of ward, unless removed. K. 287. Mother natural guardian on decease of father. 2 R. 323. Judge not liable in civil actions for appointment of bankrupt as guardian. 1 D. 329. Inequitable contract between guardian and ward will be set aside. 5 D. 549. Guardian not bound to support ward out of his own estate. 2 C. 388. Appointment showing jurisdictional fact of residence cannot be attacked collaterally. Id.; 75 C. 308. Guardian's authority coterminous with life of ward. 4 C. 189. Different kinds of guardians. 6 C. 500. Guardian liable on his bond for negligence in not collecting or securing note of nonresident debtor of his ward. 30 C. 508. Father was guardian of minor both as to person and property till arrival at majority, prior to 1901. 31 C. 553. Guardian used in statutes means guardian appointed by court. 33 C. 327. Mother's right as natural guardian inferior to that of guardian appointed by court. Id., 328. Father cannot transfer his right to custody to mother. 34 C. 263. Court has no discretion in matter of appointment if person chosen under Sec. 45-46 is suitable. 38 C. 304; 111 C. 246. History of statutes relating to guardian. 38 C. 319. Guardian primarily responsible to minor rather than court, and a suit on bond proper remedy for neglect of that duty. 43 C. 76. Guardian has no power to bind estate of ward by contract. 53 C. 119. Notice as to appointment under former law considered. 67 C. 366. Settlement of account of guardian by his executor; liability where ward's funds mingled with his own. 69 C. 259. What constitutes residence of child. Id., 301. False representation of guardian cannot affect estate. 72 C. 167. Liabilities where administrator of estate is also guardian of distributees. 75 C. 410; 80 C. 111. Father has no rights in estate of son. 76 C. 430. Guardian has authority only, not title to property; ordinarily represents ward in action. Id., 431; 93 C. 37; 111 U.S. 566. Powers and duties of guardian of estate. 77 C. 379. Right of guardian to compromise claim for personal injury. 84 C. 594. State where land is situated has sole right to appoint guardian of estate of minor as to it. 178 U.S. 186. Statute applies even though parents are living apart; applicable even though custody during most of year is awarded to mother. 99 C. 157. Guardian may not be appointed over illegitimate child until removal of mother under section. 100 C. 206. Abandonment of minor son by father emancipates son; effect on dependency of mother under compensation act. 105 C. 420. Parents have no right of property in their minor children of which they cannot be deprived without their consent. 110 C. 463. Joint guardianship of parents is qualified by court's power under Sec. 46-24. 131 C. 387. Cited. 134 C. 316. Where domicile of child is that of his mother, she may, so far as court action for determining his custody is concerned, have a domicile apart from her husband. 135 C. 124. Where jurisdiction of Probate Court not invoked, other courts may render judgment in habeas corpus as to custody. 136 C. 411. Gives no added right to a mother to recover from father of a child for child's support. 138 C. 7. Cited. Id., 600. Does not preclude appointment of guardian ad litem as provision is permissive. 140 C. 96. Cited. 141 C. 113. Parents are the joint guardians of their minor children, but the paramount consideration in awarding custody of minor children is the welfare and happiness of the child. 142 C. 558. Primary jurisdiction over removal of mother as guardian of person of her son is in Probate Court. 157 C. 576. Cited. 163 C. 343. Father of illegitimate child denied visitation rights on basis of individual child's best interests. 172 C. 612. Mother's right to sole guardianship does not absolutely preclude natural father of illegitimate child from seeking a judicial determination of custody or visitation. 175 C. 527. Standard to be used in issue of custody is set forth in Sec. 45-42b. 193 C. 393. Cited. 201 C. 229; 212 C. 63.
Cited. 6 CA 707.
Status of parents not affected by the circumstances that the parents are separated from each other. 3 CS 211. Where parent abandons minor child and other parent assumes, alone, the burden of supporting and caring for him, the deserting parent emancipates the child and the other parent is entitled to child's earnings. Id., 385. Cited. 7 CS 362; 10 CS 275. Where wife left husband to obtain divorce in another state, but at all times had the intention of resuming parental relationship to her children, held she had not abandoned them. 14 CS 59. Court cannot award custody of an unadopted child to father's wife since natural mother is sole guardian of an illegitimate child. Id., 391. Cited. 15 CS 226; 17 CS 224. Although mother of illegitimate child has superior right to his custody, that right is not absolute; as in case of legitimate child, welfare of child is controlling consideration. 24 CS 76. On appeal from Probate Court ruling removing plaintiff mother as a joint guardian of children, Superior Court's reversal of Probate Court's ruling justifies granting plaintiff's motion to terminate stay of execution so she may renew contact with children. 28 CS 189. Cited. 31 CS 188; Id., 271; 35 CS 237; 40 CS 221.
Annotations to present section:
Cited. 226 C. 652.
Cited. 24 CA 402; 34 CA 129; judgment reversed, see 234 C. 51. Mother and father of minor child are, de facto, guardians of that child; taken together, under this section and Secs. 45a-604(5) and 45a-605(a), authority to make major decisions affecting child's welfare intended to effectuate child's best interest includes authority to make legal decisions on behalf of the minor and would include, in this case, authority to assert child's legal rights in a court of law. 76 CA 693.
Cited. 44 CS 169.
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Sec. 45a-607. (Formerly Sec. 45-44). Temporary custody of minor pending application to probate court for removal of guardian or termination of parental rights. (a)(1) When application has been made for the removal of one or both parents as guardians or of any other guardian of the person of a minor child, or when an application has been made for the termination of the parental rights of any parties who may have parental rights with regard to any minor child, or when, in any proceeding the court has reasonable grounds to believe that any minor child has no guardian of his or her person, the court of probate in which the proceeding is pending may issue an order awarding temporary custody of the minor child to a person other than the parent or guardian, with or without the parent's or guardian's consent, but such order may only be issued in accordance with the provisions of this section. There shall be a rebuttable presumption that the awarding of temporary custody to a relative is in the best interests of such child or youth. This presumption may be rebutted by a preponderance of the evidence that such awarding of custody is not in the best interests of such child or youth. As used in this subsection and subsections (b) and (d) of this section, “relative” means a person related to the child by blood or marriage.
(2) In any proceeding under this section, any relative of the minor child may make a motion to intervene and the court shall grant such motion except for good cause shown. Upon the granting of such motion, such relative may appear by counsel or in person.
(b) In the case of a minor child in the custody of the parent or other guardian, no application for custody of such minor child may be granted ex parte, except in accordance with subdivision (2) of this subsection. In the case of a minor child in the custody of a person other than the parent or guardian, no application for custody may be granted ex parte, except in accordance with subdivisions (1) to (3), inclusive, of this subsection.
(1) An application for immediate temporary custody shall be accompanied by an affidavit made by the custodian of such minor child under penalty of false statement, stating the circumstances under which such custody was obtained, the length of time the affiant has had custody and specific facts which would justify the conclusion that determination cannot await the hearing required by subsection (c) of this section. Upon such application, the court may grant immediate temporary custody to the affiant, a relative, or some other suitable person if the court finds that: (A) The minor child was not taken or kept from the parent, parents or guardian, and (B) there is a substantial likelihood that the minor child will be removed from the jurisdiction prior to a hearing under subsection (c) of this section, or (C) to return the minor child to the parent, parents or guardian would place the minor child in circumstances which would result in serious physical illness or injury, or the threat thereof, or imminent physical danger prior to a hearing under subsection (c) of this section.
(2) In the case of a minor child who is hospitalized as a result of serious physical illness or serious physical injury, an application for immediate temporary custody shall contain a certificate signed by two physicians licensed to practice medicine in this state stating that (A) the minor child is in need of immediate medical or surgical treatment, the delay of which would be life threatening, (B) the parent, parents or guardian of the minor child refuses or is unable to consent to such treatment, and (C) determination of the need for temporary custody cannot await notice of hearing. Upon such application, the court may grant immediate temporary custody to a relative or some other suitable person if it finds that (i) a minor child has suffered from serious physical illness or serious physical injury and is in need of immediate medical or surgical treatment, (ii) the parent, parents or guardian refuses to consent to such treatment, and (iii) to delay such treatment would be life threatening.
(3) If an order of temporary custody is issued ex parte, notice of the hearing required by subsection (c) of this section shall be given promptly, and the hearing shall be held not later than five business days after the date of such ex parte order of temporary custody, provided the respondent shall be entitled to continuance upon request. Upon the issuance of an order granting temporary custody of the minor child to the Commissioner of Children and Families, or not later than sixty days after the issuance of such order, the court shall make a determination whether the Department of Children and Families made reasonable efforts to keep the minor child with his or her parent, parents or guardian prior to the issuance of such order and, if such efforts were not made, whether such reasonable efforts were not possible, taking into consideration the minor child's best interests, including the minor child's health and safety. Upon issuance of an ex parte order of temporary custody, the court shall promptly notify the Commissioner of Children and Families, who shall cause an investigation to be made forthwith, in accordance with section 17a-101g, and shall present the commissioner's report to the court at the hearing on the application for temporary custody. The hearing on an ex parte order of temporary custody shall not be postponed, except with the consent of the respondent, or, if notice cannot be given as required by this section, a postponement may be ordered by the court for the purpose of a further order of notice.
(c) Except as provided in subsection (b) of this section, upon receipt of an application for temporary custody under this section, the court shall promptly set the time and place for a hearing to be held on such application. The court shall order notice of the hearing on temporary custody to be given, at least five days prior to the date of the hearing, to the Commissioner of Children and Families by first class mail and to both parents and to the minor child, if over twelve years of age, by personal service or service at the parent's usual place of abode or the minor's usual place of abode, as the case may be, in accordance with section 52-50, except that in lieu of personal service on, or service at the usual place of abode of, a parent or the father of a minor child born out of wedlock who is either an applicant or who signs under penalty of false statement a written waiver of such service on a form provided by the Probate Court Administrator, the court may order notice to be given by first class mail at least five days prior to the date of the hearing. If the whereabouts of the parents are unknown, or if such delivery cannot reasonably be effected, then notice shall be ordered to be given by publication. Such notice may be combined with the notice under section 45a-609 or with the notice required under section 45a-716. If the parents are not residents of the state or are absent from the state, the court shall order notice to be given by first class mail at least five days prior to the date of the hearing. If the whereabouts of the parents are unknown, or if delivery cannot reasonably be effected, the court may order notice to be given by publication. Any notice by publication under this subsection shall be in a newspaper which has a circulation at the last-known place of residence of the parents. In either case, such notice shall be given at least five days prior to the date of the hearing, except in the case of notice of a hearing on immediate temporary custody under subsection (b) of this section. If the applicant alleges that the whereabouts of a respondent are unknown, such allegation shall be made under penalty of false statement and shall also state the last-known address of the respondent and the efforts which have been made by the applicant to obtain a current address. The applicant shall have the burden of ascertaining the names and addresses of all parties in interest and of proving to the satisfaction of the court that the applicant used all proper diligence to discover such names and addresses. Except in the case of newspaper notice, such notice shall include: (1) The time and place of the hearing, (2) a copy of the application for removal or application for termination of parental rights, (3) a copy of the motion for temporary custody, (4) any affidavit or verified petition filed with the motion for temporary custody, (5) any other documents filed by the applicant, (6) any other orders or notices made by the court of probate, and (7) any request for investigation by the Department of Children and Families or any other person or agency. Such notice shall also inform the respondent of the right to have an attorney represent the respondent and, if the respondent is unable to obtain or pay for an attorney, the respondent may request the court of probate to appoint an attorney to represent the respondent. Newspaper notice shall include such facts as the court may direct.
(d) If, after hearing, the court finds by a fair preponderance of the evidence (1) that the parent or other guardian has performed acts of omission or commission as set forth in section 45a-610, and (2) that, because of such acts, the minor child is suffering from serious physical illness or serious physical injury, or the immediate threat thereof, or is in immediate physical danger, so as to require that temporary custody be granted, the court may order the custody of the minor child to be given to one of the following, taking into consideration the standards set forth in section 45a-617 and subsection (a) of this section: (A) A relative of such minor child; (B) the Commissioner of Children and Families; (C) the board of managers of any child-caring institution or organization; (D) any children's home or similar institution licensed or approved by the Commissioner of Children and Families; or (E) any other person. The fact that an order of temporary custody may have been issued ex parte under subsection (b) of this section shall be of no weight in a hearing held under this subsection. The burden of proof shall remain upon the applicant to establish the applicant's case. The court may issue the order without taking into consideration the standards set forth in this section and section 45a-610 if the parent or other guardian consents to the temporary removal of the minor child, or the court finds that the minor child has no guardian of his or her person. Upon the issuance of an order giving custody of the minor child to the Commissioner of Children and Families, or not later than sixty days after the issuance of such order, the court shall make a determination whether the Department of Children and Families made reasonable efforts to keep the minor child with his or her parent, parents or guardian prior to the issuance of such order and, if such efforts were not made, whether such reasonable efforts were not possible, taking into consideration the minor child's best interests, including the minor child's health and safety.
(e) Such order for temporary custody shall be effective until disposition of the application for removal of parents or guardians as guardian or for termination of parental rights or until a guardian is appointed for a minor child who has no guardian, unless modified or terminated by the court of probate. Any respondent, temporary custodian or attorney for the minor child may petition the court of probate issuing such order at any time for modification or revocation thereof, and such court shall set a hearing upon receipt of such petition in the same manner as subsection (c) of this section. If the court finds after such hearing that the conditions upon which it based its order for temporary custody no longer exist, and that the conditions set forth in subsection (b) of this section do not exist, then the order shall be revoked and the minor child shall be returned to the custody of the parent or guardian.
(f) A copy of any order issued under this section shall be mailed immediately to the last-known address of the parent or other guardian from whose custody the minor child has been removed.
(1949 Rev., S. 6851; 1963, P.A. 151; P.A. 74-164, S. 16, 20; P.A. 75-420, S. 4, 6; P.A. 77-21; 77-614, S. 521, 610; P.A. 79-460, S. 7; P.A. 83-481, S. 1; P.A. 84-294, S. 2; P.A. 86-264, S. 1; P.A. 93-91, S. 1, 2; P.A. 96-246, S. 31; P.A. 99-84, S. 23; P.A. 00-75, S. 5; May 9 Sp. Sess. P.A. 02-7, S. 31; P.A. 07-184, S. 1; P.A. 09-185, S. 4.)
History: 1963 act authorized court to enforce order by warrant to proper officer “commanding him to take possession of the child and to deliver such child into the custody of the person, board, home or institution designated by said order”; P.A. 74-164 specified that provisions apply in cases where application has been made to terminate parental rights and described custodial institutions simply as those licensed or approved by welfare commissioner deleting reference to their incorporation by act of general assembly or organization under laws relating to corporations without capital stock, “whose objects and purposes are charitable”; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-21 specified applicability of provisions in cases where court has reasonable grounds to believe that a minor child has no guardian of his person; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 79-460 divided section into Subsecs., added provisions detailing grounds for issuance of order awarding temporary custody, replaced commissioner of human resources with commissioner of children and youth services, deleted previous provisions re court orders and added new provisions incorporated as Subsecs. (c) and (d); P.A. 83-481 deleted former Subsec. (c) and added provisions of Subsecs. (b) to (e), inclusive, re applications for temporary custody and ex parte issuance of order of temporary custody; P.A. 84-294 amended Subsec. (a) by deleting provision re restrictions on awarding temporary custody to person other than parent or guardian and added “but such order may only be issued in accordance with the provisions of this section”, amended Subsec. (b)(3) by changing “immediately” to “promptly” and adding provision permitting postponement to be ordered by the court for the purpose of a further order of notice, amended Subsec. (c) by adding exception to notice requirement in the case of hearing on immediate temporary custody under Subsec. (b) of section, and amended Subsec. (e) by adding provision re duration of effectiveness of order of temporary custody until guardian is appointed for child who has no guardian; P.A. 86-264 amended Subsec. (c) by changing age of minor from 14 to 12 years of age, permitting notice by certified mail, return receipt requested, to parent or father of child born out of wedlock who is petitioner or who waives personal service, requiring notice by certified mail, return receipt requested, to parents who are nonresidents or absent from the state and permitting notice by publication if delivery by certified mail cannot be reasonably effected; Sec. 45-44 transferred to Sec. 45a-607 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; (Revisor's note: In 1995 the indicators (1), (2), (3) and (4) in Subsec. (d)(2) were changed editorially by the Revisors to (A), (B), (C) and (D) respectively for consistency with statutory usage); P.A. 96-246 amended Subsec. (b)(3) by replacing reference to Sec. 17a-101 with Sec. 17a-101g; P.A. 99-84 amended Subsec. (c) by deleting “oath” and inserting “penalty of false statement”; P.A. 00-75 amended Subsec. (c) by adding provision requiring notice of hearing to the Commissioner of Children and Families by regular mail; May 9 Sp. Sess. P.A. 02-7 amended Subsec. (b)(3) to add provision requiring the court upon issuance of an order granting temporary custody of the minor child to the Commissioner of Children and Families, or not later than 60 days thereafter, to make a determination whether the Department of Children and Families made reasonable efforts to keep the minor child with his or her parent, parents or guardian prior to the issuance of such order and, if such efforts were not made, whether such reasonable efforts were not possible considering the best interests of the minor child, amended Subsec. (d) to add provision requiring the court upon issuance of an order giving custody of the minor child to the Commissioner of Children and Families, or not later than 60 days thereafter, to make a determination whether the Department of Children and Families made reasonable efforts to keep the minor child with his or her parent, parents or guardian prior to the issuance of such order and, if such efforts were not made, whether such reasonable efforts were not possible considering the best interests of the minor child, and made technical changes throughout section, effective August 15, 2002; P.A. 07-184 amended Subsec. (c) to substitute “first class mail” for “regular mail” and “certified mail”, rewrite provisions re service and make technical changes; P.A. 09-185 amended Subsec. (a) by designating existing provisions as Subdiv. (1), amending same by defining “relative” and adding provision re court applying rebuttable presumption concerning placement of a child with a relative in issuing award of temporary custody, and adding Subdiv. (2) re relative's motion to intervene, amended Subsec. (b) by inserting references to the granting of temporary custody to a relative and making a technical change, and amended Subsec. (d) by inserting reference to Subsec. (a) and expanding persons to whom court may award custody to include a relative, effective June 29, 2009.
See Sec. 45a-242 re replacement of fiduciary.
Annotations to former section 45-44:
Cited. 193 C. 393. Distinguished application of section from operation of Sec. 46b-129. 195 C. 344.
Annotation to present section:
Parent-child relationship not an exceptional circumstance allowing constitutional claim to be raised for the first time on appeal. 47 CA 105.
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Sec. 45a-608. (Formerly Sec. 45-44a). Temporary custody of minor. Rights and duties. Any person or organization awarded the temporary custody of a minor under section 45a-607, shall have the following rights and duties regarding the minor: (1) The obligation of care and control; (2) the authority to make decisions regarding routine medical treatment or school counseling and emergency medical, psychological, psychiatric or surgical treatment; and (3) other rights and duties which the court of probate having jurisdiction may approve.
(P.A. 79-460, S. 8; P.A. 93-183.)
History: Sec. 45-44a transferred to Sec. 45a-608 in 1991; P.A. 93-183 amended Subdiv. (2) by adding authority to make decisions re routine medical treatment or school counseling and emergency psychological treatment.
Annotation to former section 45-44a:
Cited. 193 C. 393.
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Secs. 45a-608a to 45a-608m. Reserved for future use.
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Sec. 45a-608n. Designation of minor child as having special immigrant juvenile status pursuant to pending petition for removal or appointment of guardian. (a) For the purposes of this section and section 45a-608o, a minor child shall be considered dependent upon the court if the court has (1) removed a parent or other person as guardian of the minor child, (2) appointed a guardian or coguardian for the minor child, (3) terminated the parental rights of a parent of the minor child, or (4) approved the adoption of the minor child.
(b) At any time during the pendency of a petition to remove a parent or other person as guardian under section 45a-609 or 45a-610, or to appoint a guardian or coguardian under section 45a-616, a party may file a petition requesting the Probate Court to make findings under this section to be used in connection with a petition to the United States Citizenship and Immigration Services for designation of the minor child as having special immigrant juvenile status under 8 USC 1101(a)(27)(J). The Probate Court shall cause notice of the hearing on the petition to be given by first class mail to each person listed in subsection (b) of section 45a-609, and such hearing may be held at the same time as the hearing on the underlying petition for removal or appointment. If the court grants the petition to remove the parent or other person as guardian or appoint a guardian or coguardian, the court shall make written findings on the following: (1) The age of the minor child; (2) the marital status of the minor child; (3) whether the minor child is dependent upon the court; (4) whether reunification of the minor child with one or both of the minor child's parents is not viable due to any of the grounds sets forth in subdivisions (2) to (5), inclusive, of section 45a-610; and (5) whether it is not in the best interests of the minor child to be returned to the minor child's or parent's country of nationality or last habitual residence.
(c) If the court has previously granted a petition to remove a parent or other person as guardian under section 45a-609 or 45a-610 or to appoint a guardian or coguardian under section 45a-616, a parent, guardian or attorney for the minor child may file a petition requesting that the court make findings under this section to be used in connection with a petition to the United States Citizenship and Immigration Services for designation of the minor child as having special immigrant juvenile status under 8 USC 1101(a)(27)(J). The court shall cause notice of the hearing on the petition to be given by first class mail to each parent, guardian and attorney for the minor child, to the minor child if the minor child is twelve years of age or older and to other persons as the court determines. The court shall make written findings on the petition in accordance with subsection (b) of this section.
(d) Notwithstanding the provisions of section 45a-604, for purposes of this section and section 45a-106a, “minor child” means (1) a person under the age of eighteen, or (2) an unmarried person under the age of twenty-one who (A) is dependent on a competent caregiver, (B) has consented to the appointment or continuation of a guardian after attaining the age of eighteen, and (C) files or on whose behalf is filed a petition for findings pursuant to this section.
(P.A. 14-104, S. 8; P.A. 15-14, S. 11; P.A. 18-92, S. 1.)
History: P.A. 15-14 made a technical change in Subsec. (c); P.A. 18-92 added Subsec. (d) re definition of “minor child”, effective July 1, 2018.
Probate Court was not divested of statutory authority to make juvenile status findings when minor child turned eighteen years old during pendency of petition. 327 C. 312.
After minor child reached the age of majority, the Probate Court lacked statutory authority to make the findings required by the petitions filed by child's mother to appoint a coguardian for child, and to consider and make the special immigration juvenile status findings permitted under section for minor children. 171 CA 393; judgment reversed, see 327 C. 312.
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Sec. 45a-608o. Designation of minor child as having special immigrant juvenile status pursuant to pending petition to terminate parental rights or approve adoption. (a) At any time during the pendency of a petition to terminate parental rights under any provision of sections 45a-715 to 45a-717, inclusive, or to approve an adoption under section 45a-727, a party may file a petition requesting the Probate Court to make findings under this section to be used in connection with a petition to the United States Citizenship and Immigration Services for designation of the minor child as having special immigrant juvenile status under 8 USC 1101(a)(27)(J). The Probate Court shall cause notice of the hearing on the petition to be given by first class mail to each person listed in subsection (b) of section 45a-716, and such hearing may be held at the same time as the hearing on the underlying petition to terminate parental rights or approve an adoption. If the court grants the petition to terminate parental rights or approve the adoption, the court shall make written findings on the following: (1) The age of the minor child; (2) the marital status of the minor child; (3) whether the minor child is dependent upon the court; (4) whether reunification of the minor child with one or both of the minor child's parents is not viable due to any of the grounds set forth in subdivision (2) of subsection (g) of section 45a-717; and (5) whether it is not in the best interests of the minor child to be returned to the minor child's or parent's country of nationality or last habitual residence.
(b) If the court has previously granted a petition to terminate parental rights under section 45a-717 or to approve an adoption under section 45a-727, a statutory parent, guardian, adoptive parent or attorney for the minor child may file a petition requesting that the court make findings under this section to be used in connection with a petition to the United States Citizenship and Immigration Services for designation of the minor child as having special immigrant juvenile status under 8 USC 1101(a)(27)(J). The court shall order notice of the hearing on the petition to be given by first class mail to the statutory parent, each guardian, adoptive parent and attorney for the minor child, to the minor child if the minor child is twelve years of age or older and to other persons as the court determines. The court shall make written findings in accordance with subsection (a) of this section.
(P.A. 14-104, S. 9; P.A. 15-14, S. 12.)
History: P.A. 15-14 made a technical change in Subsec. (b).
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Sec. 45a-609. (Formerly Sec. 45-44b). Application for removal of parent as guardian. Hearing. Notice. Examination. (a) Upon application for removal of a parent or parents as guardian, the court shall set a time and place for hearing to be held within thirty days of the application, unless the court requests an investigation in accordance with the provisions of section 45a-619. In that case, the court shall set a day for hearing not more than thirty days following receipt of the results of the investigation.
(b) The court shall order notice of the hearing to be given, at least ten days before the date of the hearing, to the Commissioner of Children and Families by first class mail and to both parents and to the minor, if over twelve years of age, by personal service or service at the parent's usual place of abode or the minor's usual place of abode, as the case may be, in accordance with section 52-50, except that in lieu of personal service on, or service at the usual place of abode of, a parent or the father of a child born out of wedlock who is either a petitioner or who signs under oath a written waiver of such service on a form provided by the Probate Court Administrator, the court may order notice to be given by first class mail at least ten days prior to the date of the hearing. If the parent to be notified resides out of or is absent from the state, the court shall order notice to be given by first class mail at least ten days prior to the date of the hearing. If the whereabouts of the parent to be notified are unknown, or if delivery cannot reasonably be effected, the court may order notice to be given by publication. Any notice by publication under this subsection shall be in a newspaper of general circulation in the place of the last-known address of the parent to be notified, whether within or without this state, or, if no such address is known, in the place where the application was filed. In either case, such notice shall be given at least ten days before the date of the hearing. If the applicant alleges that the whereabouts of a respondent are unknown, such allegation shall be made under penalty of false statement and shall also state the last-known address of the respondent and the efforts which have been made by the applicant to obtain a current address. The applicant shall have the burden of ascertaining the names and addresses of all parties in interest and of proving to the satisfaction of the court that the applicant used all proper diligence to discover such names and addresses. Except in the case of newspaper notice, the notice of hearing shall include the following: (1) The notice of hearing, (2) the application for removal of parent as guardian, (3) any supporting documents and affidavits filed with such application, (4) any other orders or notices made by the Probate Court, and (5) any request for investigation by the Department of Children and Families or any other person or agency. Such notice shall also inform the respondent of the right to have an attorney represent the respondent in the matter, and if the respondent is unable to obtain or to pay an attorney, the respondent may request the Probate Court to appoint an attorney to represent the respondent. Newspaper notice shall include such facts as the court may direct.
(c) If a parent is over eighteen years of age he or she may sign and file a written waiver of notice with the court.
(d) Upon finding at the hearing or at any time during the pendency of the proceeding that reasonable cause exists to warrant an examination, the court, on its own motion or on motion by any party, may order the child to be examined at a suitable place by a physician, psychiatrist or licensed clinical psychologist appointed by the court. The court may also order examination of a parent or custodian whose competency or ability to care for a child before the court is at issue. The expenses of any examination, if ordered by the court on its own motion, shall be paid for by the applicant, or if ordered on motion by a party, shall be paid for by the party moving for such an examination. If such applicant or party is unable to pay the expense of any such examination, it shall be paid from the Probate Court Administration Fund, or, if the matter has been removed to the Superior Court, from funds appropriated to the Judicial Department.
(P.A. 79-460, S. 9; P.A. 83-481, S. 2; P.A. 86-264, S. 2; P.A. 93-91, S. 1, 2; P.A. 96-202, S. 6; P.A. 99-84, S. 24; P.A. 00-75, S. 6; P.A. 07-184, S. 2; P.A. 17-136, S. 10.)
History: P.A. 83-481 amended Subsec. (b) by adding provisions re personal service in accordance with Sec. 52-50 and notice of hearing; P.A. 86-264 amended Subsec. (b) by changing age of minor from 14 to 12 years of age, permitting notice by certified mail, return receipt requested, to parent or father of child born out of wedlock who is petitioner or who waives personal service, requiring notice by certified mail, return receipt requested, to parents who are nonresidents or absent from the state and permitting notice by publication if notice by certified mail cannot be reasonably effected; Sec. 45-44b transferred to Sec. 45a-609 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 96-202 added Subsec. (d) re order of examination of child and parent and payment of such examination; P.A. 99-84 amended Subsec. (b) by deleting “oath” and inserting “penalty of false statement”; P.A. 00-75 amended Subsec. (b) by adding provision requiring notice of hearing to the Commissioner of Children and Families by regular mail; P.A. 07-184 amended Subsec. (b) to substitute “first class mail” for “regular mail” and “certified mail”, rewrite provisions re service, substitute “date” of hearing for “time” of hearing and make technical changes; P.A. 17-136 amended Subsec. (b) by deleting provision re delivery cannot reasonably be effected, replacing “if the parents reside out of or are absent from the state” with “if the parent to be notified resides out of or is absent from the state”, replacing “newspaper which has a circulation at the parents' last-known place of residence” with “newspaper of general circulation in the place of the last-known address of the parent to be notified, whether within or without this state, or, if no such address is known, in the place where the application was filed” and making technical and conforming changes.
Annotation to former section 45-44b:
Cited. 193 C. 393.
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Sec. 45a-610. (Formerly Sec. 45-44c). Removal of parent as guardian. If the Court of Probate finds that notice has been given or a waiver has been filed, as provided in section 45a-609, it may remove a parent as guardian, if the court finds by clear and convincing evidence one of the following: (1) The parent consents to his or her removal as guardian; or (2) the minor child has been abandoned by the parent in the sense that the parent has failed to maintain a reasonable degree of interest, concern or responsibility for the minor child's welfare; or (3) the minor child has been denied the care, guidance or control necessary for his or her physical, educational, moral or emotional well-being, as a result of acts of parental commission or omission, whether the acts are the result of the physical or mental incapability of the parent or conditions attributable to parental habits, misconduct or neglect, and the parental acts or deficiencies support the conclusion that the parent cannot exercise, or should not in the best interests of the minor child be permitted to exercise, parental rights and duties at the time; or (4) the minor child has had physical injury or injuries inflicted upon the minor child by a person responsible for such child's health, welfare or care, or by a person given access to such child by such responsible person, other than by accidental means, or has injuries which are at variance with the history given of them or is in a condition which is the result of maltreatment such as, but not limited to, malnutrition, sexual molestation, deprivation of necessities, emotional maltreatment or cruel punishment; or (5) the minor child has been found to be neglected or uncared for, as defined in section 46b-120. If, after removal of a parent as guardian under this section, the minor child has no guardian of his or her person, such a guardian may be appointed under the provisions of section 45a-616. Upon the issuance of an order appointing the Commissioner of Children and Families as guardian of the minor child, or not later than sixty days after the issuance of such order, the court shall make a determination whether the Department of Children and Families made reasonable efforts to keep the minor child with his or her parents prior to the issuance of such order and, if such efforts were not made, whether such reasonable efforts were not possible, taking into consideration the minor child's best interests, including the minor child's health and safety.
(P.A. 79-460, S. 10; P.A. 83-481, S. 3; P.A. 84-294, S. 3; P.A. 00-75, S. 3; P.A. 01-195, S. 28, 181; May 9 Sp. Sess. P.A. 02-7, S. 32.)
History: P.A. 83-481 added phrase “by clear and convincing evidence” and deleted provisions of Subdiv. (4) substituting provisions re evidence of physical injury or injuries or a condition which is the result of maltreatment; P.A. 84-294 added provision re appointment of guardian under provisions of Sec. 45-45 if child has no guardian of his person after removal of a parent as guardian under this section; Sec. 45-44c transferred to Sec. 45a-610 in 1991; P.A. 00-75 made a technical change in Subdiv. (4) and added Subdiv. (5) re grounds for removal if the court finds that minor child has been neglected or uncared for (Revisor's note: Notwithstanding the deletion of the word “or” before Subdiv. (4) in the public act, it was retained by the Revisors for consistency); P.A. 01-195 made technical changes, effective July 11, 2001; May 9 Sp. Sess. P.A. 02-7 added provision requiring the court upon issuance of an order appointing the Commissioner of Children and Families as guardian of the minor child, or not later than 60 days thereafter, to make a determination whether the Department of Children and Families made reasonable efforts to keep the minor child with his or her parents prior to the issuance of such order and, if such efforts were not made, whether such reasonable efforts were not possible considering the best interests of the minor child and made technical changes, effective August 15, 2002.
Annotations to former section 45-44c:
Cited. 193 C. 393. Distinguished application of section from operation of Sec. 46b-129. 195 C. 344.
Annotations to present section:
Cited. 237 C. 233.
Cited. 34 CA 129; judgment reversed, see 234 C. 51. Trial court record supports clear and convincing evidence standard; parent-child relationship not an exceptional circumstance allowing constitutional claim to be raised for the first time on appeal. 47 CA 105. Evidence of arrests not resulting in convictions admissible where parent alleged to have denied care as a result of habits or misconduct. 50 CA 818.
Cited. 44 CS 169.
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Sec. 45a-611. (Formerly Sec. 45-44d). Reinstatement of parent as guardian of the person of minor. (a) Except as provided in subsection (d) of this section, any parent who has been removed as the guardian of the person of a minor may apply to the Probate Court which removed him or her for reinstatement as the guardian of the person of the minor, if in his or her opinion the factors which resulted in removal have been resolved satisfactorily.
(b) In the case of a parent who seeks reinstatement, the court shall hold a hearing following notice to the guardian, to the parent or parents and to the minor, if over twelve years of age, by first class mail not less than ten days before the date of the hearing. If the court determines that the factors which resulted in the removal of the parent have been resolved satisfactorily, the court may remove the guardian and reinstate the parent as guardian of the person of the minor, if it determines that it is in the best interests of the minor to do so. At the request of a parent, guardian, counsel or guardian ad litem representing one of the parties, filed within thirty days of the decree, the court shall make findings of fact to support its conclusions.
(c) The provisions of this section shall also apply to the reinstatement of any guardian of the person of a minor other than a parent.
(d) Notwithstanding the provisions of this section, and subject to the provisions of subsection (b) of section 45a-616a, a parent who has been removed as guardian of the person of a minor may not petition for reinstatement as guardian if a court has established a permanent guardianship for the person of the minor pursuant to section 45a-616a.
(P.A. 79-460, S. 15; P.A. 92-118, S. 5; June 12 Sp. Sess. P.A. 12-1, S. 276; P.A. 18-45, S. 9.)
History: Sec. 45-44d transferred to Sec. 45a-611 in 1991; P.A. 92-118 amended Subsec. (b) to require notification of minors over the age of 12 where previously the applicable age was 14; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (a) to add exception re Subsec. (d) and added Subsec. (d) re when parent who has been removed as guardian may not petition for reinstatement as guardian; P.A. 18-45 amended Subsec. (b) by replacing “as provided in section 45a-609” with “by first class mail not less than ten days before the date of the hearing”, and made a technical change.
Annotation to former section 45-44d:
Cited. 193 C. 393.
Annotation to present section:
Under section, once a parent demonstrates that the factors that resulted in the removal of the parent as guardian have been resolved satisfactorily, the parent is entitled to a presumption that reinstatement of guardianship rights is in the best interests of the child and the party opposing reinstatement must rebut this presumption by clear and convincing evidence. 336 C. 272.
A parent who has demonstrated that the reasons that led to the removal of that parent's guardianship rights have been resolved satisfactorily is constitutionally entitled to a presumption that reinstatement is in the best interests of the child, and this presumption applies when the current guardian is a nonparent, but does not apply in a dispute between two parents, and a nonparent must rebut this presumption by clear and convincing evidence. 213 CA 858.
Subsec. (b):
Trial court improperly expanded scope of hearing to address substantive issues without providing prior notice to respondent, in violation of her right to due process. 290 C. 371.
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Sec. 45a-612. (Formerly Sec. 45-44e). Visitation with minor when proceeding for removal of guardian, appointment of guardian or termination of parental rights is pending. In connection with any proceeding for removal of guardian, appointment of guardian for a minor who has no guardian or termination of parental rights pursuant to sections 45a-603 to 45a-622, inclusive, and 45a-715 to 45a-719, inclusive, the Probate Court may grant visitation to (1) any parent or guardian if temporary custody of the minor has been granted to another person pending the hearing on removal or termination of parental rights, (2) any person who has been removed as guardian of the minor, or (3) any relative of the minor. Such order shall be made in accordance with the best judgment of the court upon the facts of the case and subject to such conditions and limitations as it deems equitable. In making, modifying or terminating such an order, the court shall be guided by the best interests of the minor, giving consideration to the wishes of such minor if he or she is of sufficient age and capable of forming an intelligent opinion. The grant of such visitation rights shall not prevent any court of competent jurisdiction from thereafter acting upon the custody of such minor, the parental rights with respect to such minor or the adoption of such minor, and any such court may include in its decree an order terminating such visitation rights.
(P.A. 82-237; P.A. 93-62; P.A. 16-7, S. 5.)
History: Sec. 45-44e transferred to Sec. 45a-612 in 1991; P.A. 93-62 amended section to provide that any person removed as guardian, any relative or any parent denied temporary custody may be granted visitation rights; P.A. 16-7 replaced provision re Probate Court authority to grant visitation to certain persons with provision re same in connection with proceeding for removal of guardian, appointment of guardian or termination of parental rights, and made technical and conforming changes.
Annotation to former section 45-44e:
Cited. 193 C. 393.
Annotations to present section:
Cited. 217 C. 459; 237 C. 233.
Cited. 44 CS 169.
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Sec. 45a-613. (Formerly Sec. 45-45a). Removal of guardian, coguardian or permanent guardian of the person of a minor. (a) Any guardian, coguardians or permanent guardian of the person of a minor appointed under section 45a-616 or section 45a-616a, or appointed by a court of comparable jurisdiction in another state, may be removed by the court of probate which made the appointment, and another guardian, coguardian or permanent guardian appointed, in the same manner as that provided in sections 45a-603 to 45a-622, inclusive, for removal of a parent as guardian.
(b) Any removal of a guardian, coguardian or permanent guardian under subsection (a) of this section shall be preceded by notice to the guardian, coguardians or permanent guardian, the parent or parents and the minor if over twelve years of age, as provided by section 45a-609.
(c) If a new guardian, coguardian or permanent guardian is appointed, the court shall send a copy of that order to the parent or parents of the minor.
(P.A. 79-460, S. 11; P.A. 86-200, S. 2; 86-264, S. 6; June 12 Sp. Sess. P.A. 12-1, S. 277.)
History: P.A. 86-200 included references to coguardians; P.A. 86-264 changed the age of minor from 14 to 12 years of age; Sec. 45-45a transferred to Sec. 45a-613 in 1991; June 12 Sp. Sess. P.A. 12-1 amended Subsec. (a) to add references to permanent guardian appointed under Sec. 45a-616a, and amended Subsecs. (b) and (c) to add references to coguardian and permanent guardian.
Annotation to former section 45-45a:
Cited. 193 C. 393.
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Sec. 45a-614. (Formerly Sec. 45-43a). Removal of parent as guardian of minor. Parent may not petition for removal of permanent guardian. (a) Except as provided in subsection (b) of this section, the following persons may petition the Probate Court for the removal as guardian of one or both parents of the minor: (1) Any adult relative of the minor, including those by blood or marriage; (2) a person with actual physical custody of the minor at the time the petition is filed; or (3) counsel for the minor. The petition shall be filed in the Probate Court in the district in which the minor resides, is domiciled or is located at the time of the filing of the petition.
(b) A parent may not petition for the removal of a permanent guardian appointed pursuant to section 45a-616a.
(P.A. 79-460, S. 5; June 12 Sp. Sess. P.A. 12-1, S. 278; P.A. 15-217, S. 20; P.A. 16-7, S. 6.)
History: Sec. 45-43a transferred to Sec. 45a-614 in 1991; June 12 Sp. Sess. P.A. 12-1 designated existing provisions as Subsec. (a) and added exception re Subsec. (b) therein, and added Subsec. (b) re parent not to petition for removal of permanent guardian appointed under Sec. 45a-616a; P.A. 15-217 amended Subsec. (a) by substituting “a person with actual physical custody of the minor at the time the petition is filed” for “the court on its own motion” in Subdiv. (2) and making a technical change, effective January 1, 2016; P.A. 16-7 amended Subsec. (a) by substituting “petition” for “apply to” and adding provision re petition to be filed in Probate Court in district in which the minor resides, is domiciled or is located at the time of filing.
Annotations to former section 45-43a:
Cited. 193 C. 393. Distinguished application of section from operation of Sec. 46b-129. 195 C. 344.
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Sec. 45a-615. (Formerly Sec. 45-43b). False or malicious application for removal of guardian. Penalty. Any person who wilfully files a false or malicious application for removal of a parent or other guardian as guardian of the person of a minor, who wilfully conspires with another person to file or cause to be filed such an application or who wilfully testifies either in court or by report to the court falsely in any proceeding for removal of a parent or other guardian as guardian of the person of a minor, shall be fined not more than one thousand dollars or imprisoned not more than one year, or both.
(P.A. 79-460, S. 6.)
History: Sec. 45-43b transferred to Sec. 45a-615 in 1991.
Annotation to former section 45-43b:
Cited. 193 C. 393.
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Sec. 45a-616. (Formerly Sec. 45-45). Appointment of guardian or coguardians for minor. Rights and obligations of guardians or coguardians. (a) If any minor has no parent or guardian of his or her person, the following persons may petition the Probate Court to appoint a guardian or coguardians of the person of the minor: (1) Any adult relative of the minor, including those by blood or marriage; (2) a person with actual physical custody of the minor at the time the petition is filed; or (3) counsel for the minor. The petition shall be filed in the Probate Court in the district in which the minor resides, is domiciled or is located at the time of the filing of the petition. When appointing a guardian or coguardian, the court shall take into consideration the standards provided in section 45a-617. The court shall take of such guardian or coguardians a written acceptance of guardianship and, if the court deems it necessary for the protection of the minor, a probate bond.
(b) If any minor has a parent or guardian, who is the sole guardian of the person of the child, the Probate Court for the district in which the minor resides, is domiciled or is located at the time of the filing of the petition may, on the petition of the parent or guardian of such child or of the Commissioner of Children and Families with the consent of such parent or guardian and with regard to a child within the care of the commissioner, appoint one or more persons to serve as coguardians of the child. When appointing a guardian or guardians under this subsection, the court shall take into consideration the standards provided in section 45a-617. The court may order that the appointment of a guardian or guardians under this subsection take effect immediately or, upon request of the parent or guardian, upon the occurrence of a specified contingency, including, but not limited to, the mental incapacity, physical debilitation or death of that parent or guardian. Upon the occurrence of such contingency and notice thereof by written affidavit to the court by the appointed guardian or guardians, such appointment shall then take effect and continue until the further order of the court, provided the court may hold a hearing to verify the occurrence of such contingency. The court shall take of such guardian or coguardians a written acceptance of guardianship, and if the court deems it necessary for the protection of the minor, a probate bond.
(c) Upon receipt of a petition pursuant to this section, the court shall set a time and place for a hearing to be held within thirty days of the application, unless the court requests an investigation in accordance with the provisions of section 45a-619, in which case the court shall set a day for hearing not more than thirty days following receipt of the results of the investigation. The court shall order notice of the hearing to be given to the minor, if age twelve or older, by first class mail not less than ten days prior to the date of the hearing. In addition, notice by first class mail shall be given to the petitioner and all other parties in interest known by the court.
(d) The rights and obligations of the guardian or coguardians shall be those described in subdivisions (5) and (6) of section 45a-604 and shall be shared with the parent or previously appointed guardian of the person of the minor. The rights and obligations of guardianship may be exercised independently by those who have such rights and obligations. In the event of a dispute between guardians or between a coguardian and a parent, the matter may be submitted to the Probate Court which appointed the guardian or coguardian.
(e) Upon the death of the parent or guardian, any appointed guardians of the person of a minor child shall become the sole guardians or coguardians of the person of that minor child.
(f) Notwithstanding the provisions of section 45a-604, for purposes of this section and section 45a-106a, “minor” or “minor child” means (1) a person under the age of eighteen, or (2) an unmarried person under the age of twenty-one who (A) is dependent on a competent caregiver, (B) has consented to the appointment or continuation of a guardian after attaining the age of eighteen, and (C) files or on whose behalf is filed a petition for findings pursuant to section 45a-608n.
(1949 Rev., S. 6852; 1971, P.A. 223, S. 1; P.A. 74-251, S. 13; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 587, 610; P.A. 78-303, S. 85, 136; P.A. 79-460, S. 13; P.A. 80-227, S. 2, 24; P.A. 86-200, S. 1; 86-264, S. 5; P.A. 96-238, S. 17, 25; P.A. 07-185, S. 3; P.A. 18-45, S. 10; 18-92, S. 2; P.A. 19-47, S. 5.)
History: 1971 act excepted welfare commissioner from bond requirement; P.A. 74-251 applied exception re bond requirement to commissioner of children and youth services after April 1, 1975; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 and P.A. 78-303 would have replaced social services commissioner with commissioner of human resources but for limiting date reference; P.A. 79-460 incorporated previous provisions as Subsecs. (a) and (c), applied provisions to minors rather than to children under 14, required consideration of standards in Sec. 45-45b in appointing guardian, deleted previous provision requiring that guardian post bond and inserted Subsec. (b); P.A. 80-227 required guardian's written acceptance of guardianship and authorized court to require a probate bond, effective July 1, 1981; P.A. 86-200 included references to coguardians; P.A. 86-264 changed age of minor from 14 to 12 years of age; Sec. 45-45 transferred to Sec. 45a-616 in 1991; P.A. 96-238 deleted provision requiring court to take into consideration the minor's wishes, if he or she is over the age of 12, deleted provision requiring the guardian or coguardian to have the same right to custody and control which the sole surviving parent of a minor has and substituted a procedure for the court of probate to appoint one or more persons to serve as coguardians of the child, effective July 1, 1996; P.A. 07-184 amended Subsec. (c) to substitute “first class mail” for “regular mail” and “certified mail” and delete “return receipt requested, deliverable to the addressee only”; P.A. 18-45 amended Subsec. (a) by adding “is domiciled or is located at the time of the filing of the petition” in Subsecs. (a) and (b), further amended Subsec. (b) by replacing “application” with “petition”, amended Subsec. (c) by replacing “by the court of an application” with “of a petition”, and made technical changes; P.A. 18-92 added Subsec. (f) re definitions of “minor” and “minor child”, effective July 1, 2018; P.A. 19-47 substantially amended Subsec. (a) by deleting provision re Probate Court district, and adding provisions re persons who may petition Probate Court to appoint guardian or coguardians of the person of the minor and Probate Court district in which petition is to be filed, amended Subsec. (c) by replacing “over twelve years of age” with “age twelve or older” and made technical changes, effective January 1, 2020.
Annotations to former section 45-45:
Guardian of the person is entitled to custody of his ward. 158 C. 217. Cited. 193 C. 393. Distinguished application of section from operation of Sec. 46b-129. 195 C. 344.
Probate Court has primary jurisdiction and Superior Court cannot appoint guardians of minors. 13 CS 364. Only when both parents or the sole living parent is removed as guardian may the court appoint a third person as guardian of a minor child. 15 CS 103.
Annotations to present section:
Cited. 237 C. 233.
Cited. 24 CA 402.
Cited. 44 CS 169. Statute does not vest exclusive jurisdiction over plaintiff's petition for visitation brought under Sec. 46b-59 in either Probate Court or Superior Court. 46 CS 165.
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Sec. 45a-616a. Appointment of permanent guardian for minor. Reinstatement of parent as guardian or appointment of successor guardian or permanent guardian. (a) Upon removing a parent as guardian pursuant to section 45a-610 or at any time after such removal, the Probate Court may establish a permanent guardianship if the court provides notice, as provided in section 45a-609, to the removed parent that the parent may not petition for reinstatement as guardian or petition to terminate the permanent guardianship, except as provided in subsection (b) of this section, or the court indicates on the record why such notice could not be provided, and the court finds by clear and convincing evidence that the establishment of a permanent guardianship is in the best interests of the minor and that the following have been proven by clear and convincing evidence:
(1) One of the grounds for termination of parental rights, as set forth in subparagraphs (A) to (H), inclusive, of subdivision (2) of subsection (g) of section 45a-717 exists, or the removed parent has voluntarily consented to the appointment of a permanent guardian;
(2) Adoption of the minor is not possible or appropriate;
(3) (A) If the minor is at least twelve years of age, such minor consents to the proposed appointment of a permanent guardian, or (B) if the minor is under twelve years of age, the proposed permanent guardian is a relative or already serving as the permanent guardian of at least one of the minor's siblings;
(4) The minor has resided with the proposed permanent guardian for at least one year; and
(5) The proposed permanent guardian is suitable and worthy and committed to remaining the permanent guardian and assuming the rights and responsibilities for the minor until the minor reaches the age of majority.
(b) If a permanent guardian appointed under this section becomes unable or unwilling to serve as permanent guardian, the court may appoint a successor guardian or permanent guardian in accordance with this section and sections 45a-616 and 45a-617, or may reinstate a parent of the minor who was previously removed as guardian of the person of the minor if the court finds that the factors that resulted in the removal of the parent as guardian have been resolved satisfactorily, and that it is in the best interests of the child to reinstate the parent as guardian.
(June 12 Sp. Sess. P.A. 12-1, S. 275; P.A. 17-136, S. 22; P.A. 18-45, S. 11.)
History: P.A. 17-136 amended Subsec. (a)(1) by replacing “subparagraphs (A) to (G)” with “subparagraphs (A) to (H)”, effective June 30, 2017; P.A. 18-45 amended Subsec. (a) by replacing “In appointing a guardian of the person of a minor pursuant to section 45a-616 or at any time following such appointment, the Court of Probate” with “Upon removing a parent as guardian pursuant to section 45a-610 or at any time after such removal, the Probate Court” and by replacing “notice to each parent” with “notice, as provided in section 45a-609, to the removed parent”, and amended Subsec. (a)(1) by replacing “parents have” with “removed parent has”.
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Sec. 45a-617. (Formerly Sec. 45-45b). Appointment of guardian, coguardians or permanent guardian of the person of a minor. (a) When appointing a guardian, coguardians or permanent guardian of the person of a minor, the court shall take into consideration the following factors: (1) The ability of the prospective guardian, coguardians or permanent guardian to meet, on a continuing day to day basis, the physical, emotional, moral and educational needs of the minor; (2) the minor's wishes, if he or she is over the age of twelve or is of sufficient maturity and capable of forming an intelligent preference; (3) the existence or nonexistence of an established relationship between the minor and the prospective guardian, coguardians or permanent guardian; and (4) the best interests of the child. There shall be a rebuttable presumption that appointment of a grandparent or other relative related by blood or marriage as a guardian, coguardian or permanent guardian is in the best interests of the minor child.
(b) Notwithstanding the provisions of section 45a-604, for purposes of this section and section 45a-106a, “minor” or “minor child” means (1) a person under the age of eighteen, or (2) an unmarried person under the age of twenty-one who (A) is dependent on a competent caregiver, (B) has consented to the appointment or continuation of a guardian after attaining the age of eighteen, and (C) files or on whose behalf is filed a petition for findings pursuant to section 45a-608n.
(P.A. 79-460, S. 12; P.A. 96-238, S. 18, 25; P.A. 09-185, S. 5; June 12 Sp. Sess. P.A. 12-1, S. 279; P.A. 18-92, S. 3.)
History: Sec. 45-45b transferred to Sec. 45a-617 in 1991; P.A. 96-238 added references to coguardians, allowed the court to take into consideration a minor's wishes, if he or she is over the age of 12 and required consideration of the best interests of the child, effective July 1, 1996; P.A. 09-185 added provision re applying rebuttable presumption concerning appointment of grandparent or other relative as guardian; June 12 Sp. Sess. P.A. 12-1 added references to permanent guardian and made a technical change; P.A. 18-92 designated existing provisions re appointment of guardian, coguardians or permanent guardian of a minor as Subsec. (a), and added Subsec. (b) re definitions of “minor” and “minor child”, effective July 1, 2018.
See Sec. 52-60 re appointment of probate judge as attorney for nonresident fiduciary.
Annotation to former section 45-45b:
Cited. 193 C. 393.
Annotations to present section:
Cited. 237 C. 233.
Cited. 44 CS 169.
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Sec. 45a-618. (Formerly Sec. 45-45c). Enforcement of decree and award of custody by warrant. In any proceeding under sections 45a-603 to 45a-622, inclusive, or if an application has been made for termination of parental rights or if parental rights are terminated, the court of probate having jurisdiction may enforce its decree and award the custody of the minor to the person or organization entitled to custody, by a warrant directed to a proper officer commanding him to take possession of the minor and to deliver the minor into the care and custody of the person or organization entitled to custody. The officer shall make return to the court of his actions under the warrant.
(P.A. 79-460, S. 14.)
History: Sec. 45-45c transferred to Sec. 45a-618 in 1991.
Annotation to former section 45-45c:
Cited. 193 C. 393.
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Sec. 45a-619. (Formerly Sec. 45-45d). Investigation by Commissioner of Children and Families. In any proceeding under sections 45a-603 to 45a-624, inclusive, in which the applicant has alleged that the minor has been abused or neglected, as those terms are defined in section 46b-120, or in which the probate judge has reason to believe that the minor may have been abused or neglected, the Court of Probate shall request the Commissioner of Children and Families or any organization, agency or individual licensed or approved by the commissioner, to make an investigation and written report to it, within ninety days from the receipt of such request, unless the request concerns an application for immediate temporary custody or temporary custody, in which case the commissioner shall render the report by such date as is reasonably ordered by the court. The report shall indicate the physical, mental and emotional status of the minor and shall contain such facts as may be relevant to the court's determination of whether the proposed court action will be in the best interests of the minor, including the physical, social, mental, and financial condition of the parties, and such other factors which the commissioner or agency finds relevant to the court's determination of whether the proposed action will be in the best interests of the minor. In any other proceeding under sections 45a-603 to 45a-624, inclusive, the court shall request an investigation and report unless this requirement is waived for cause shown. The report shall be admissible in evidence, subject to the right of any interested party to require that the person making it appear as a witness, if available, and subject to examination.
(P.A. 79-460, S. 16; P.A. 93-91, S. 1, 2; P.A. 00-75, S. 7.)
History: Sec. 45-45d transferred to Sec. 45a-619 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 00-75 replaced former provisions with new provisions re investigation and report in cases of abuse or neglect.
Annotation to former section 45-45d:
Cited. 193 C. 393.
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Sec. 45a-620. (Formerly Sec. 45-45e). Appointment of counsel. Appointment of guardian ad litem to speak on behalf of best interests of minor. The Court of Probate may appoint counsel to represent or appear on behalf of any minor in proceedings brought under sections 45a-603 to 45a-622, inclusive, and sections 45a-715 to 45a-717, inclusive. In any proceeding in which abuse or neglect, as defined in section 46b-120, is alleged by the applicant, or reasonably suspected by the court, a minor shall be represented by counsel appointed by the court to represent the minor. In all cases in which the court deems appropriate, the court shall also appoint a person, other than the person appointed to represent the minor, as guardian ad litem for such minor to speak on behalf of the best interests of the minor, which guardian ad litem is not required to be an attorney-at-law but shall be knowledgeable about the needs and protection of children. The Court of Probate shall appoint counsel to represent any respondent who notifies the court that he or she is unable to obtain counsel, or is unable to pay for counsel. The cost of such counsel shall be paid by the person whom he or she represents, except that if such person is unable to pay for such counsel and files an affidavit with the court demonstrating his or her inability to pay, the reasonable compensation of appointed counsel shall be established by, and paid from funds appropriated to, the Judicial Department, however, if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund. In the case of a minor, such affidavit may be filed by a suitable person having knowledge of the financial status of such minor.
(P.A. 79-460, S. 17; P.A. 83-481, S. 4; P.A. 84-294, S. 4; P.A. 90-31, S. 3, 9; P.A. 96-170, S. 16, 23; P.A. 97-90, S. 5, 6; P.A. 00-75, S. 4.)
History: P.A. 83-481 added provisions re appointment of counsel by probate court to represent any respondent unable to obtain or pay for counsel; P.A. 84-294 added provision that in case of minor, affidavit re inability to pay may be filed by suitable person having knowledge of financial status of minor; P.A. 90-31 changed compensation of counsel from funds appropriated to the judicial department to the probate administration fund in an amount established by the probate court administrator; Sec. 45-45e transferred to Sec. 45a-620 in 1991; P.A. 96-170 changed funding of compensation of counsel from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 97-90 revised effective date of public act 96-170 but without affecting this section; P.A. 00-75 added provisions requiring appointment of counsel to represent minor in proceedings re abuse or neglect and authorizing appointment of guardian ad litem to speak on behalf of the best interests of the minor.
Annotation to former section 45-45e:
Cited. 193 C. 393.
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Sec. 45a-621. (Formerly Sec. 45-45f). Appointment of guardian ad litem. The Court of Probate shall appoint a guardian ad litem to make any application under sections 45a-603 to 45a-622, inclusive, to represent or appear on behalf of any parent who is less than eighteen years of age or incompetent.
(P.A. 79-460, S. 18.)
History: Sec. 45-45f transferred to Sec. 45a-621 in 1991.
Annotation to former section 45-45f:
Cited. 193 C. 393.
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Sec. 45a-622. (Formerly Sec. 45-45g). Appointment of temporary guardian. Application. Rights and obligations. (a) Any parent or guardian of the person of a minor may apply to the Probate Court for the district in which the minor resides, is domiciled or is located at the time of the filing of the petition for the appointment of a temporary guardian of the person to serve for no longer than one year if the appointing parent or guardian is unable to care for the minor for any reason including, but not limited to, illness and absence from the jurisdiction. The temporary guardian will cease to serve when the appointing parent or guardian notifies the court and the temporary guardian to that effect.
(b) The rights and obligations of the temporary guardian shall be those described in subdivisions (5) and (6) of section 45a-604. A temporary guardian is not liable as a guardian pursuant to section 52-572.
(P.A. 79-460, S. 19; P.A. 80-483, S. 147, 186; P.A. 96-202, S. 7; P.A. 18-45, S. 12.)
History: P.A. 80-483 revised section reference in Subsec. (b); Sec. 45-45g transferred to Sec. 45a-622 in 1991; P.A. 96-202 amended Subsec. (b) by specifying that temporary guardian not liable as guardian pursuant to Sec. 52-572; P.A. 18-45 amended Subsec. (a) by replacing “in which the minor lives” with “in which the minor resides, is domiciled or is located at the time of the filing of the petition” and by making technical changes.
Annotation to former section 45-45g:
Cited. 193 C. 393.
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Sec. 45a-623. Transfer of proceeding to Superior Court or Regional Children's Probate Court. Before a hearing on the merits in any case under sections 45a-603 to 45a-622, inclusive, that is contested, the Probate Court shall, on the motion of any party other than a party who applied for the removal of a parent as a guardian, or may, on the court's own motion or motion of the party who applied for the removal of a parent as a guardian, transfer the case to the Superior Court in accordance with rules adopted by the judges of the Supreme Court. In addition to the provisions of this section, the Probate Court may, on the court's own motion or motion of any interested party, transfer any proceeding under sections 45a-603 to 45a-622, inclusive, to a Regional Children's Probate Court established pursuant to section 45a-8a. If the case is transferred and venue altered, the clerk of the Probate Court shall transmit to the clerk of the Superior Court or the Regional Children's Probate Court to which the case was transferred, the original files and papers in the case.
(P.A. 93-344; P.A. 95-316, S. 7; P.A. 00-75, S. 8; P.A. 04-142, S. 2; P.A. 12-66, S. 9; P.A. 17-136, S. 7.)
History: P.A. 95-316 changed reference to rules of Superior Court to rules of Supreme Court; P.A. 00-75 added provisions re transfer of case to another judge of probate appointed by Probate Court Administrator from panel of qualified probate judges specializing in children's matters; P.A. 04-142 replaced provision re transfer of case to another judge of probate with provision re transfer of any proceeding under Secs. 45a-603 to 45a-622, inclusive, to another judge of probate, deleted provision re location of hearing in original court of probate and made technical changes; P.A. 12-66 replaced “In any proceeding” with “Before a hearing on the merits in any case”, added provision allowing transfer of proceeding on court's own motion or motion of party who made application for removal of parent as guardian, substituted provision re transfer to regional children's probate court for provision re transfer to another judge of probate, and made technical changes, effective January 1, 2013; P.A. 17-136 made technical changes.
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Sec. 45a-624. Designation of standby guardian of minor. A parent or guardian, as principal, may designate a standby guardian of a minor in accordance with the provisions of sections 45a-624 to 45a-624g, inclusive. Such designation, in a form as provided in section 45a-624b, shall take effect upon the occurrence of a specified contingency, including, but not limited to, the mental incapacity, physical debilitation or death of the principal, provided a written statement signed under penalty of false statement has been executed pursuant to section 45a-624c that such contingency has occurred. A designation of a standby guardian shall be in writing and signed and dated by the principal with at least two witnesses. The principal shall provide a copy of such designation to the standby guardian.
(P.A. 94-207, S. 1; P.A. 99-84, S. 25.)
History: P.A. 99-84 deleted “affidavit” and inserted “statement signed under penalty of false statement”.
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Sec. 45a-624a. Consent of parents required for designation of standby guardian. If both parents are alive, both parents of the minor shall consent to the designation of a standby guardian, unless either parent has been removed as guardian or had his parental rights terminated. In any such event, the remaining parent may designate a standby guardian pursuant to sections 45a-624 to 45a-624g, inclusive.
(P.A. 94-207, S. 2.)
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Sec. 45a-624b. Form for designation of standby guardian. The designation of a standby guardian shall be in substantially the following form:
I .... (insert name of principal) do hereby appoint .... (insert name and address of the standby guardian) as the standby guardian of .... (insert names of minor children) to take effect upon the occurrence of the following contingency or contingencies .... (insert specific contingency or contingencies).
This designation is made after careful reflection, while I am of sound mind.
Date ...., 20 .. |
.... L.S. |
.... |
.... |
(Witness) |
(Witness) |
.... |
.... |
(Number and Street) |
(Number and Street) |
.... |
.... |
(City, State and Zip Code) |
(City, State and Zip Code) |
(P.A. 94-207, S. 8.)
History: (Revisor's note: In 2001 the reference in this section to the date “19..” was changed editorially by the Revisors to “20..” to reflect the new millennium).
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Sec. 45a-624c. Written statement that designation of standby guardian in full force and effect. The written statement referred to in section 45a-624 shall be in substantially the following form:
STATEMENT THAT DESIGNATION OF A STANDBY GUARDIAN
IS IN FULL FORCE AND EFFECT
| } |
I, .... of ...., state under penalty of false statement:
THAT ...., of ...., as principal, did on ...., 20.., appoint me as standby guardian dated ...., 20.., to execute a statement that a specified contingency had occurred;
THAT specified contingency was: ....
THAT specified contingency has occurred.
IN WITNESS WHEREOF, I have hereunto set my hand and seal under penalty of false statement.
.... |
|
Witness |
|
.... |
.... L.S. |
Witness |
|
(P.A. 94-207, S. 3; P.A. 99-84, S. 26.)
History: P.A. 99-84 substituted “statement” for “affidavit” and added “under penalty of false statement” and deleted the attestation clause for Commissioners of the Superior Court and Notaries Public; (Revisor's note: In 2001 the references in this section to the date “19..” were changed editorially by the Revisors to “20..” to reflect the new millennium).
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Sec. 45a-624d. Authority of standby guardian. When a designation of a standby guardian becomes effective upon the occurrence of a specified contingency, such standby guardian shall have the authority and obligations of a guardian as defined in subdivision (5) of section 45a-604. Such designation shall be effective for a period of one year. Such authority and obligations of a standby guardian shall cease when the specified contingency no longer exists or after the expiration of such one-year period, whichever is sooner.
(P.A. 94-207, S. 4; P.A. 95-50, S. 1, 2.)
History: P.A. 95-50 increased duration and authority of designation of standby guardian from 90 days to one year, effective May 22, 1995.
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Sec. 45a-624e. Authority of standby guardian after death of principal. If a designation of a standby guardian is effective at the time of death of the principal, such designation shall remain in effect for a period of ninety days after such death. At the end of such ninety-day period, the authority of such standby guardian shall cease, unless such standby guardian files an application for guardianship with the probate court in the district in which the minor resides and temporary custody of the minor is granted to such standby guardian or the court appoints such standby guardian as guardian of the person of the minor.
(P.A. 94-207, S. 5.)
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Sec. 45a-624f. Revocation of designation of standby guardian. The principal may revoke a designation of a standby guardian at any time by written revocation and notification of the revocation to the standby guardian.
(P.A. 94-207, S. 6.)
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Sec. 45a-624g. Probate Court to resolve disputes concerning designation of standby guardian. The probate court for the district in which the minor resides at the time of any dispute concerning the meaning or application of any provision of sections 45a-624 to 45a-624f, inclusive, shall have jurisdiction over such dispute.
(P.A. 94-207, S. 7.)
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Sec. 45a-625. Guardian of person of minor to report to probate court re condition of minor. Any person appointed as guardian of the person of a minor pursuant to sections 45a-603 to 45a-624g, inclusive, shall report at least annually to the probate court which appointed the guardian regarding the condition of the minor.
(P.A. 99-84, S. 9.)
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Secs. 45a-626 and 45a-627. Reserved for future use.
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*Cited. 33 CA 673.
Sec. 45a-628. Reserved for future use.
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Sec. 45a-629. (Formerly Sec. 45-47). Appointment of guardian for minor's estate. (a) When a minor is entitled to property, the court of probate for the district in which the minor resides may assign a time and place for a hearing on the appointment of a guardian of the estate of the minor. The court shall cause reasonable notice of hearing to be given to (1) the parents or guardian of the person of the minor, (2) the minor, if the minor is twelve years of age or older, and (3) such other persons as it determines. Any person entitled to notice of the hearing may waive such notice.
(b) If the court finds that there is no guardian of the estate of the minor, it may appoint one or both of the parents or any guardian of the person of the minor to be guardian of his or her estate. If neither parent nor the guardian of the person of the minor will accept the appointment, or if the parents or guardian of the person of the minor are not proper persons to act as guardian of his or her estate, the court may appoint any proper person or persons chosen by the minor if the minor is twelve years of age or over. If the minor neglects to make choice or fails to choose a proper person or persons or is not of sufficient age, the court of probate shall appoint some proper person or persons, who, as guardian of the estate of the minor, shall have charge of all the minor's property, whether acquired before or after the guardian's appointment, but shall have no control over such minor's person. If any minor who has a guardian marries and owns or thereafter acquires property, the guardianship of such property shall continue during such person's minority. Any guardian so appointed shall give a probate bond.
(1949 Rev., S. 6854; P.A. 74-82, S. 1; P.A. 80-227, S. 3, 24; 80-476, S. 106; P.A. 85-193, S. 3; P.A. 86-264, S. 7; P.A. 99-84, S. 5.)
History: P.A. 74-82 specified that guardianship of property continues upon marriage of any minor where previously it continued only upon marriage of “a female infant”; P.A. 80-227 modified notice requirement to require reasonable notice rather than notice as provided in Sec. 45-43 and to authorize notification of persons other than parents or guardian and required that appointed guardians give probate bond, effective July 1, 1981; P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 85-193 amended Subsec. (b) permitting appointment of both parents or proper persons as guardian of the estate of a minor; P.A. 86-264 changed age of minor from 14 to 12 years of age; Sec. 45-47 transferred to Sec. 45a-629 in 1991; P.A. 99-84 amended Subsec. (a) by rewording notice requirement and providing that any person entitled to notice of hearing may waive notice.
See Sec. 52-60 re appointment of probate judge as attorney for nonresident fiduciary.
Annotations to former section 45-47:
Cited. 94 C. 649. Must be appointment of guardian of estate if minor is to be paid a sum in excess of one hundred dollars. 99 C. 179. Cited. 100 C. 55.
Cited. 20 CS 262.
Annotations to present section:
Subsec. (a): A September 11th Victim Compensation Fund award paid directly to a representative payee for the benefit of her minor child is not property to which the minor child is entitled or property belonging to the minor child within the meaning of Subsec. 331 C. 385.
Cited. 33 CA 673. Section contains no restriction tying the residency required to the date of application for the guardianship. 175 CA 80; judgment reversed, see 331 C. 385.
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Sec. 45a-630. (Formerly Sec. 45-47a). Application for appointment of guardian of the estate of a minor. In the case of any application for the appointment of a guardian of the estate of a minor pursuant to the provisions of sections 45a-132, 45a-593 to 45a-597, inclusive, 45a-603 to 45a-622, inclusive, and 45a-629 to 45a-638, inclusive, the application shall state that such minor either is, or is not, receiving aid or care from the state, whichever is true, and a copy of each application which states the minor is receiving such aid or care shall be sent by the court to the Commissioner of Administrative Services at least ten days in advance of any hearing on such application. Said commissioner or his designee may participate at any hearing on such application.
(P.A. 79-358, S. 1.)
History: Sec. 45-47a transferred to Sec. 45a-630 in 1991.
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Sec. 45a-631. (Formerly Sec. 45-49). Limitation on receipt or use of minor's property by parent, guardian or spouse. Release. (a) A parent of a minor, guardian of the person of a minor or spouse of a minor shall not receive or use any property belonging to the minor in an amount exceeding ten thousand dollars in value unless appointed guardian of the estate of the minor, except that such parent, guardian or spouse may hold property as a custodian under the provisions of sections 45a-557 to 45a-560b, inclusive, without being so appointed.
(b) A release given by both parents or by the parent who has legal custody of a minor or by the guardian or spouse shall, if the amount does not exceed ten thousand dollars in value, be valid and binding upon the minor.
(1949 Rev., S. 6855; 1949, 1953, S. 2901d; 1957, P.A. 417; 1963, P.A. 179; 1967, P.A. 216; P.A. 74-82, S. 2; P.A. 80-476, S. 108; P.A. 95-117, S. 27; P.A. 00-78.)
History: 1963 act raised limit on value of property from $2,000 to $3,000; 1967 act raised limit to $5,000; P.A. 74-82 substituted “minor” for “child”, “minor child” and “minor wife” and “spouse” for “husband”, eliminating language which implies varying applicability of provision dependent on sex of person involved; P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-49 transferred to Sec. 45a-631 in 1991; P.A. 95-117 amended Subsec. (a) by replacing reference to Secs. 45a-546 to 45a-556 with Secs. 45a-557 to 45a-560b; P.A. 00-78 raised limit on value of property from $5,000 to $10,000 and made a technical change.
Annotations to former section 45-49:
Delivery of money to mother is not payment to child. 99 C. 179. Subject to guardianship of estate, a minor child is entitled to immediate possession of full amount recovered as damages for personal injuries. 100 C. 55. Award in divorce action for support of minor child is not child's property within statute. 121 C. 504. No guardian necessary where separation agreement provided for trust to pay income for support of minor. 130 C. 56. Cited. 139 C. 220; 165 C. 490.
Annotations to present section:
Subsec. (a): A September 11th Victim Compensation Fund award paid directly to a representative payee for the benefit of her minor child is not property to which the minor child is entitled or property belonging to the minor child within the meaning of Subsec. 331 C. 385.
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Sec. 45a-632. (Formerly Sec. 45-50). Appointment of guardian of estate of nonresident minor. When a minor who resides outside this state and who has no guardian within this state owns property in this state, the court of probate for the district in which the property or any part of it lies may appoint a guardian of the minor who shall have charge of and manage the property. A probate bond shall be required of such guardian.
(1949 Rev., S. 6857; P.A. 80-227, S. 4, 24; 80-476, S. 109.)
History: P.A. 80-227 required probate bond of guardian, effective July 1, 1981; P.A. 80-476 rephrased provisions; Sec. 45-50 transferred to Sec. 45a-632 in 1991.
Annotation to former section 45-50:
Guardian appointed under section has no title to ward's property. 76 C. 430.
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Sec. 45a-633. (Formerly Sec. 45-52). Lease of minor's real estate by guardian or coguardians of estate. The guardian or coguardians of the estate of any minor may apply to the court of probate of the district in this state which appointed him, and may, upon application and hearing, after public notice, lease his ward's real property upon terms and for a length of time, not exceeding the ward's minority, which are approved by the court.
(1949 Rev., S. 6859; P.A. 80-476, S. 110; P.A. 81-472, S. 79, 159; P.A. 86-200, S. 4.)
History: P.A. 80-476 rephrased provisions and specified applicability of provisions to guardian “of the estate”; P.A. 81-472 made technical changes; P.A. 86-200 added reference to coguardians; Sec. 45-52 transferred to Sec. 45a-633 in 1991.
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Sec. 45a-634. (Formerly Sec. 45-53). Inventory of ward's property by guardian of estate. (a) Each guardian of an estate appointed by a court of probate shall make and file in the court appointing or approving such guardian, under penalty of false statement within two months after the acceptance by the guardian of the trust, an inventory of all the property belonging to such guardian's ward, appraised, or caused to be appraised, by such guardian, at fair market value as of the date of his or her appointment. Such inventory shall include the value of the ward's interest in all property in which the ward has a legal or equitable present interest, including, but not limited to, the ward's interest in any joint bank accounts or other jointly held property.
(b) Any guardian who fails to return the inventory to the court within that time shall be fined not more than twenty dollars.
(1949 Rev., S. 6860; P.A. 80-476, S. 111; P.A. 87-565, S. 1; P.A. 99-84, S. 27.)
History: P.A. 80-476 divided section into Subsecs., rephrased provisions and specified applicability to guardians of estates; P.A. 87-565 amended Subsec. (a) by changing “return to” to “make and file in”, and adding provision re appraisal of inventory at fair market value as of date of appointment of guardian and included all property in which ward has interest, including joint bank accounts; Sec. 45-53 transferred to Sec. 45a-634 in 1991; P.A. 99-84 amended Subsec. (a) by deleting “oath” and inserting “penalty of false statement”.
Annotations to former section 45-53:
Cited. 168 C. 144.
Cited. 3 CS 377; 20 CS 262.
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Sec. 45a-635. (Formerly Sec. 45-55). Removal by foreign guardian of ward's personal property. (a) When any personal property in this state belongs to any person residing out of this state who has a guardian, trustee or other legal custodian of his estate, appointed under the laws of the place of his residence, the custodian may apply in writing to the court of probate of the district in which the principal part of the property in this state is located, alleging: (1) That he has been legally appointed custodian in the jurisdiction in which the person to whom the property belongs resides; and (2) that he has therein given a probate bond valid according to the requirements of such jurisdiction, and security thereon, or an increase in an existing bond and security, in an amount equal to the value of all such property of the person to be removed from this state; and (3) that a removal of the property from this state will not conflict with the terms and limitations by which the person owns it.
(b) If the probate court finds the allegations true and the applicant files in the probate court for record an exemplified copy of the record of the court by which he was appointed, the probate court may, after a hearing upon the application, upon such notice as it orders to the person having the property in his custody and to the owner of the property, and after proof that all known debts chargeable against it and contracted in this state have been paid or satisfied, appoint the applicant to be guardian, conservator or trustee of such estate without further bond. The probate court may authorize the person having the property in his custody to deliver it to the applicant, who may demand, sue for and recover it and remove it from this state.
(1949 Rev., S. 6862; P.A. 80-227, S. 6, 24; 80-476, S. 112.)
History: P.A. 80-227 clarified provisions re bond, added reference to increases in existing bonds and security and required that bond be equal to value of estate rather than double its value, effective July 1, 1981; P.A. 80-476 divided section into Subsecs. and rephrased provisions, substituting references to property for references to estate; Sec. 45-55 transferred to Sec. 45a-635 in 1991.
See Sec. 45a-477 re foreign trustee's custody of trust estate and re probate court's jurisdiction over trusts created by nondomiciliaries.
Annotations to former section 45-55:
Scope of section; property may be turned over without order of court; liability of surety on bond in this state where property not turned over. 75 C. 414; 80 C. 119. Application under section not a condition precedent to payment to foreign fiduciary. 138 C. 17.
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Sec. 45a-636. (Formerly Sec. 45-56). Removal by foreign guardian of proceeds of sale of ward's real estate. If any foreign guardian of the estate of a minor who is also residing outside this state has obtained an order from any court of probate in this state having jurisdiction to sell real property of the minor which is situated in this state and has given a probate bond, the court of probate may, upon application and proceedings as specified in section 45a-635, authorize the foreign guardian to receive the proceeds of the sale of the real property sold under order and to remove the proceeds from this state into the jurisdiction in which the guardian and his ward reside. The guardian and his surety shall thereupon be discharged from all liability on the bond.
(1949 Rev., S. 6863; P.A. 80-227, S. 7, 24; 80-476, S. 113.)
History: P.A. 80-227 substituted “probate bond” for “bond as provided by law”, effective July 1, 1981; P.A. 80-476 rephrased provisions, substituting “property” for “estate”, and specified applicability re foreign guardians “of the estate”; Sec. 45-56 transferred to Sec. 45a-636 in 1991.
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Sec. 45a-637. (Formerly Sec. 45-57). Guardians of estate of minors may make partition. If any minor has an interest in any real property as a tenant in common with any other person, the guardian of the estate of the minor may, by an instrument in writing executed as deeds of land are executed, make partition of the real property with the other parties in interest. Such deed of partition described in this section shall not be valid until the approval of the court of probate having jurisdiction of the property of the minor is endorsed on it. The deed of partition and the approval of the court of probate shall be recorded in the land records of the town or towns where the land is situated.
(1949 Rev., S. 6864; P.A. 80-476, S. 114.)
History: P.A. 80-476 rephrased provisions, substituting “property” for “estate” and “guardian of the estate” for “guardian”; Sec. 45-57 transferred to Sec. 45a-637 in 1991.
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Sec. 45a-638. (Formerly Sec. 45-57a). Court may order guardian to convey real property. The court of probate in which the guardian of any minor has been appointed may, concurrently with courts of equity, order such guardian to convey the interest of his ward in any real property which ought in equity to be conveyed to another person.
(P.A. 80-476, S. 115.)
History: Sec. 45-57a transferred to Sec. 45a-638 in 1991.
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Secs. 45a-639 to 45a-643. Reserved for future use.
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*See Sec. 17a-543a re appointment of special limited conservator for and administration of medication to criminal defendant placed in custody of Commissioner of Mental Health and Addiction Services.
Annotation to former chapter 779:
Cited. 17 CA 130.
Annotations to present part IV:
Cited. 233 C. 44. Under 2005 revision, conservators are not entitled to absolute quasi-judicial immunity, but may have quasi-judicial immunity when acting as agents of the Probate Court when their acts are authorized or approved by the Probate Court. 304 C. 234. The issue of whether a conserved person is able to consent to sexual conduct is a factual question for a jury to decide based on the nature of the particular conservatorship and the abilities of the conserved person. 312 C. 1.
Cited. 37 CA 137.
Sec. 45a-644. (Formerly Sec. 45-70a). Definitions. For the purposes of this section and sections 45a-645 to 45a-663, inclusive, the following terms shall have the following meanings:
(a) “Conservator of the estate” means a person, municipal or state official, corporation, limited liability company, partnership or other entity recognized under the laws of this state, whether or not operated for profit, except a hospital, nursing home facility, as defined in section 19a-521, or residential care home, as defined in section 19a-521, appointed by the Probate Court under the provisions of this section and sections 45a-645 to 45a-663, inclusive, to supervise the financial affairs of a person found to be incapable of managing his or her own affairs or of a person who voluntarily asks the Probate Court for the appointment of a conservator of the estate, and includes a temporary conservator of the estate appointed under the provisions of section 45a-654.
(b) “Conservator of the person” means a person, municipal or state official, corporation, limited liability company, partnership or other entity recognized under the laws of this state, whether or not operated for profit, except a hospital or nursing home facility as defined in section 19a-521, appointed by the Probate Court under the provisions of this section and sections 45a-645 to 45a-663, inclusive, to supervise the personal affairs of a person found to be incapable of caring for himself or herself or of a person who voluntarily asks the Probate Court for the appointment of a conservator of the person, and includes a temporary conservator of the person appointed under the provisions of section 45a-654.
(c) “Incapable of caring for one's self” or “incapable of caring for himself or herself” means that a person has a mental, emotional or physical condition that results in such person being unable to receive and evaluate information or make or communicate decisions to such an extent that the person is unable, even with appropriate assistance, to meet essential requirements for personal needs.
(d) “Incapable of managing his or her affairs” means that a person has a mental, emotional or physical condition that results in such person being unable to receive and evaluate information or make or communicate decisions to such an extent that the person is unable, even with appropriate assistance, to perform the functions inherent in managing his or her affairs, and the person has property that will be wasted or dissipated unless adequate property management is provided, or that funds are needed for the support, care or welfare of the person or those entitled to be supported by the person and that the person is unable to take the necessary steps to obtain or provide funds needed for the support, care or welfare of the person or those entitled to be supported by the person.
(e) “Involuntary representation” means the appointment of a conservator of the person or a conservator of the estate, or both, after a finding by the Probate Court that the respondent is incapable of managing his or her affairs or incapable of caring for himself or herself.
(f) “Respondent” means an adult person for whom an application for involuntary representation has been filed or an adult person who has requested voluntary representation.
(g) “Voluntary representation” means the appointment of a conservator of the person or a conservator of the estate, or both, upon request of the respondent, without a finding that the respondent is incapable of managing his or her affairs or incapable of caring for himself or herself.
(h) “Conserved person” means a person for whom involuntary representation is granted under this section and sections 45a-645 to 45a-663, inclusive.
(i) “Personal needs” means the needs of a person including, but not limited to, the need for food, clothing, shelter, health care and safety.
(j) “Property management” means actions to (1) obtain, administer, manage, protect and dispose of real and personal property, intangible property, business property, benefits and income, and (2) deal with financial affairs.
(k) “Least restrictive means of intervention” means intervention for a conserved person that is sufficient to provide, within the resources available to the conserved person either from the conserved person's own estate or from private or public assistance, for a conserved person's personal needs or property management while affording the conserved person the greatest amount of independence and self-determination.
(P.A. 77-446, S. 1; P.A. 80-476, S. 123; P.A. 84-271, S. 1; P.A. 93-184; P.A. 05-154, S. 2; P.A. 07-116, S. 10; P.A. 12-22, S. 24; P.A. 13-208, S. 58; P.A. 16-7, S. 8.)
History: P.A. 80-476 reordered Subdivs. to place terms in alphabetical order; P.A. 84-271 amended the definitions of “conservator of the estate” and “conservator of the person” to include a “municipal” official, deleting the requirement that a state official be “legally authorized”, and to include a temporary conservator appointed under Sec. 45-72; Sec. 45-70a transferred to Sec. 45a-644 in 1991; P.A. 93-184 amended Subsecs. (c) and (d) by deleting references to “advanced age”; P.A. 05-154 amended Subsec. (c) to define “incapable of caring for himself or herself”; P.A. 07-116 substituted “45a-663” for “45a-662”, redefined “incapable of caring for one's self” and “incapable of managing his or her affairs”, substituted “conserved person” for “ward”, defined “personal needs”, “property management” and “least restrictive means of intervention”, and made technical changes; P.A. 12-22 changed “nursing home” to “nursing home facility” in Subsecs. (a) and (b); P.A. 13-208 redefined “conservator of the estate” by adding reference to residential care home and making a technical change, effective July 1, 2013; P.A. 16-7 redefined “conservator of the estate”, redefined “conservator of the person” and made technical changes.
Annotation to former section 45-70a:
Cited. 199 C. 524.
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Sec. 45a-645. (Formerly Sec. 45-70). Naming of own conservator for future incapacity. (a) Any person who has attained at least eighteen years of age, and who is of sound mind, may designate in writing a person or persons whom he or she desires to be appointed as conservator or successor conservator of his or her person or estate or both, if he or she is thereafter found to be incapable of managing his or her affairs or incapable of caring for himself or herself.
(b) The designation shall be executed, witnessed and revoked in the same manner as provided for wills in sections 45a-251 and 45a-257, or a power of attorney executed in accordance with section 1-350d, except that any person who is so designated as a conservator shall not qualify as a witness.
(c) Such written instrument may excuse the person or persons so designated from giving the probate bond required under the provisions of section 45a-650, if appointed thereafter as a conservator.
(1949 Rev., S. 6874; 1955, S. 2907d; February, 1965, P.A. 590, S. 1; 1969, P.A. 447, S. 2; 730, S. 14; P.A. 73-34, S. 1; P.A. 75-128; P.A. 77-446, S. 13; 77-614, S. 70, 610; P.A. 80-476, S. 124; P.A. 07-116, S. 12; P.A. 14-103, S. 12; P.A. 15-240, S. 48; P.A. 16-40, S. 9.)
History: 1965 act authorized board of directors of charitable organization to make application and specified conservatorship as charge of person and/or estate where previously was charge of person and estate; 1969 acts replaced welfare commissioner with commissioner of finance and control; P.A. 73-34 added exception re Sec. 45-75; P.A. 75-128 inserted new Subsec. (a), made previous provisions Subsec. (b) and added proviso re appointment of conservator designated by incompetent person, the procedure for which is in new Subsec.; P.A. 77-446 deleted Subsec. (b) re procedure for appointing conservator and divided former Subsec. (a) into Subsecs. (a) to (c); P.A. 77-614 would have replaced commissioner of finance and control with commissioner of administrative services in former Subsec. (b) but had no effect because of deletion of the Subsec. in P.A. 77-446; P.A. 80-476 made minor change in wording, substituting “The” for “Such” in Subsec. (b); Sec. 45-70 transferred to Sec. 45a-645 in 1991; P.A. 07-116 inserted “or incapable of caring for himself or herself” and made technical changes in Subsec. (a) and amended Subsec. (b) to substitute “except that” for “provided”; P.A. 14-103 amended Subsec. (a) to add reference to successor conservator; P.A. 15-240 amended Subsec. (b) by adding provision re power of attorney executed in accordance with Sec. 1-350d, effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 48, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
See Sec. 27-129 re appointment of conservator for incompetent veteran.
See Sec. 45a-242 re replacement of fiduciary.
See Sec. 45a-594 re compensation of guardian or conservator of social services beneficiary or veteran.
See Sec. 52-60 re appointment of judge of probate as attorney for nonresident fiduciary.
Annotations to former section 45-70:
Court has no jurisdiction over person not residing or domiciled in district. 26 C. 285; 107 C. 3. Omission to appear and object to matter of form waives defect. 29 C. 568. Evidence of respondent's illicit intercourse, and birth of illegitimate children, admissible. 30 C. 87. Ward may acquire domicile elsewhere. 48 C. 172. Appointment on application of person not specified in statute, void. 49 C. 84. Statute has no extra territorial effect. Id., 278. Disability of ward does not begin until appointment of conservator. 51 C. 78. “Incapacity” defined. 72 C. 340. Incapacity a question of fact. Id.; 83 C. 519; 107 C. 7. Jurisdiction of courts of state of residence and of state where property is; discretion of court; right of action as property; relative may apply for appointment though not liable for support. 76 C. 405. Adjudication of incapacity not conclusive 12 years later. 78 C. 430. Facts held sufficient to support conclusion of incapacity and residence. 107 C. 3. Distinction in legal effect between conservatorship and insanity commitment. 113 C. 605. Conservator in many respects an agent of court. 115 C. 330. Conservator in many respects is but agent of court and has only such powers as are expressly or impliedly given him by statute. 155 C. 118. Cited. 175 C. 257.
That person having property is incapable of managing his affairs and has conservator appointed does not warrant finding in and of itself that such person is insane and is not sufficient defense to allegations of cruelty in divorce proceeding. 27 CS 459.
The fact that defendant is under a conservatorship does not prevent him from giving a valid consent to a chemical analysis of his blood or breath to determine whether he has operated a motor vehicle while intoxicated. 3 Conn. Cir. Ct. 47.
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Sec. 45a-645a. Recording of proceedings required. Each court of probate shall cause a recording to be made of all proceedings held under sections 45a-644 to 45a-663, inclusive. The recording shall be part of the court record and shall be made and retained in a manner approved by the Probate Court Administrator.
(P.A. 07-116, S. 11.)
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Sec. 45a-645b. Rules of evidence re hearings. Testimony. The rules of evidence applicable to civil matters in the Superior Court shall apply to all hearings held pursuant to sections 45a-644 to 45a-667v, inclusive. All testimony at a hearing held pursuant to sections 45a-644 to 45a-667v, inclusive, shall be given under oath or affirmation.
(P.A. 13-81, S. 10; P.A. 14-103, S. 5.)
History: P.A. 14-103 made technical changes.
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Sec. 45a-645c. Probate Court to schedule hearing to facilitate attendance by conserved person. If a conserved person, as defined in section 45a-644, notifies the Probate Court in any manner that the conserved person wants to attend a hearing pursuant to sections 45a-644 to 45a-663, inclusive, but is unable to do so, the Probate Court shall schedule the hearing at a place that would facilitate attendance by the conserved person.
(P.A. 13-81, S. 11.)
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Sec. 45a-645d. Appointment of successor conservator. Whenever a Probate Court appoints a conservator of the person or a conservator of the estate, the court may also appoint a successor conservator of the person or successor conservator of the estate. The successor conservator shall act as conservator if the court accepts the resignation of the conservator or removes the conservator or if the conservator is adjudicated incapable or dies. The successor conservator may assume the duties of conservator immediately upon the Probate Court's acceptance of the resignation of the conservator of the person or conservator of the estate or removing such conservator, upon such conservator being adjudicated incapable or upon the death of such conservator, provided a successor conservator of the estate may not assume the duties of conservator of the estate before furnishing a probate bond or providing proof of a restricted account if a bond or restricted account was required from the conservator of the estate. The successor conservator shall immediately inform the Probate Court that has jurisdiction over the conservator of the person or conservator of the estate that the successor conservator assumed the role of conservator of the person or conservator of the estate and the reasons for assuming such role. The Probate Court may issue a decree, without notice and hearing, confirming the successor conservator's appointment after the requirements of this section are met.
(P.A. 14-103, S. 10.)
History: P.A. 14-103 effective July 1, 2014.
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Sec. 45a-646. (Formerly Sec. 45-70e). Petition for voluntary representation. Any person may petition the Probate Court in the district in which he or she resides, is domiciled or is located at the time the petition for voluntary representation is filed either for the appointment of a conservator of the person or a conservator of the estate, or both. If the petition excuses bond, no bond shall be required by the court unless later requested by the respondent or unless facts are brought to the attention of the court that a bond is necessary for the protection of the respondent. Upon receipt of the petition, the court shall set a time and place for hearing and shall give such notice as it may direct to the petitioner, the petitioner's spouse, if any, the Commissioner of Administrative Services, if the respondent is receiving aid or care from the state, and to other interested parties, if any. After seeing the respondent in person and hearing his or her reasons for the petition and after explaining to the respondent that granting the petition will subject the respondent or respondent's property, as the case may be, to the authority of the conservator, the court may grant voluntary representation and thereupon shall appoint a conservator of the person or estate or both, and shall not make a finding that the petitioner is incapable. The conservator of the person or estate or both, shall have all the powers and duties of a conservator of the person or estate of an incapable person appointed pursuant to section 45a-650. If the respondent subsequently becomes disabled or incapable, the authority of the conservator shall not be revoked as a result of such disability or incapacity.
(P.A. 77-446, S. 5; P.A. 79-358, S. 4; P.A. 80-476, S. 125; P.A. 87-87; P.A. 91-49, S. 4; P.A. 15-217, S. 21.)
History: P.A. 79-358 required that notice of hearing be given to commissioner of administrative services if respondent is receiving aid or care from state; P.A. 80-476 rephrased provisions and made technical correction, substituting “administrative” for “administration” in commissioner's title; P.A. 87-87 added provision that subsequent disability or incompetence of respondent does not revoke the authority of the conservator; Sec. 45-70e transferred to Sec. 45a-646 in 1991; P.A. 91-49 added requirement that court explain to respondent that granting petition will subject respondent or respondent's property to authority of conservator prior to granting voluntary representation, changed powers and duties of conservator from those “set forth in sections 45a-644 to 45a-662, inclusive” to “of a conservator of the person or estate of an incapable person appointed pursuant to section 45a-650” and changed “incompetent” to “incapable” and “incompetence” to “incapacity”; P.A. 15-217 substituted “petition” for “make application to” and “application”, substituted “is domiciled or is located at the time the petition for voluntary representation is filed” for “or has his domicile for voluntary representation” and made technical changes, effective January 1, 2016.
A person who is subject to a voluntary conservatorship pursuant to statute does not retain legal authority to jointly manage his or her estate as to those matters assigned to the conservator, but rather the conservator has exclusive control over such matters subject to any statutory restrictions or requirements. 341 C. 815.
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Sec. 45a-647. (Formerly Sec. 45-70f). Release from voluntary representation. Any person who is under voluntary representation as provided by section 45a-646 shall be released from voluntary representation upon giving thirty days' written notice to the Court of Probate.
(P.A. 77-446, S. 10; P.A. 80-476, S. 126.)
History: P.A. 80-476 made minor change in wording; Sec. 45-70f transferred to Sec. 45a-647 in 1991.
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Sec. 45a-648. (Formerly Sec. 45-70b). Application for involuntary representation of resident or nondomiciliary. Fraudulent or malicious application or false testimony: Class D felony. (a) An application for involuntary representation may be filed by any person alleging that a respondent is incapable of managing his or her affairs or incapable of caring for himself or herself and stating the reasons for the alleged incapability. The application shall be filed in the Probate Court in the district in which the respondent resides, is domiciled or is located at the time of the filing of the application.
(b) An application for involuntary representation for a nondomiciliary of the state shall be made pursuant to the provisions of sections 45a-667g to 45a-667o, inclusive.
(c) An application for involuntary representation may be filed by the parent or guardian of a minor child up to forty-five days prior to the date such child attains eighteen years of age if the parent or guardian anticipates that such minor child will require a conservator upon attaining eighteen years of age. The hearing on such application shall be held not more than thirty days prior to the date such child attains eighteen years of age. The court may grant such application, provided such order shall take effect no earlier than the date the child attains eighteen years of age.
(d) A person is guilty of fraudulent or malicious application or false testimony when such person (1) wilfully files a fraudulent or malicious application for involuntary representation or appointment of a temporary conservator, (2) conspires with another person to file or cause to be filed such an application, or (3) wilfully testifies either in court or by report to the court falsely to the incapacity of any person in any proceeding provided for in sections 45a-644 to 45a-663, inclusive. Fraudulent or malicious application or false testimony is a class D felony.
(P.A. 77-446, S. 2; P.A. 80-476, S. 127; P.A. 84-271, S. 3; P.A. 07-116, S. 13; P.A. 12-22, S. 25; P.A. 13-81, S. 8; P.A. 18-45, S. 13.)
History: P.A. 80-476 divided section into Subsecs. and substituted “the” for “such” where appearing in Subsec. (a); P.A. 84-271 amended Subsec. (b) to apply to fraudulent or malicious application for appointment of a temporary conservator; Sec. 45-70b transferred to Sec. 45a-648 in 1991; P.A. 07-116 amended Subsec. (a) re filing at district where respondent is located, inserted new Subsecs. (b), (c) and (d) re application for involuntary representation for a nondomiciliary of the state and review of representation orders, redesignated existing Subsec. (b) as Subsec. (e) and amended same to make malicious application or false testimony a class D felony, and made technical changes; P.A. 12-22 replaced provisions of Subsec. (b) and former Subsecs. (c) and (d) re application for and review of involuntary representation for nondomiciliary of state with provisions in Subsec. (b) re such application to be made pursuant to Secs. 45a-667g to 45a-667o, and redesignated existing Subsec. (e) as Subsec. (c); P.A. 13-81 amended Subsec. (a) to substitute “Probate Court” for “court of probate”, added new Subsec. (c) re application for involuntary representation by parent or guardian up to 180 days prior to child's attaining age eighteen, and redesignated existing Subsec. (c) as Subsec. (d); P.A. 18-45 replaced 180 days with 45 days in Subsec. (c).
See Sec. 45a-132a re respondent's ability to refuse to undergo examination ordered by the court under said section.
Cited. 37 CA 137.
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Sec. 45a-649. (Formerly Sec. 45-70c). Notice re application for involuntary representation, determination of jurisdiction or transfer of conservatorship to another state. Form of notice. Appointment of counsel. (a)(1) Upon an application for involuntary representation, the court shall issue a citation to the following enumerated parties to appear before it at a time and place named in the citation, which shall be served on the parties at least ten days before the hearing date, or in the case of an application made pursuant to section 17a-543 or 17a-543a, at least seven days before the hearing date. Except as provided in subsection (c) of section 45a-648, or unless continued by the court for cause shown, the hearing on an application under this section shall be held not more than thirty days after the receipt of the application by the Probate Court. Notice of the hearing shall be sent not more than thirty days after receipt of the application. In addition to such notice, (A) notice for a matter brought under sections 45a-667g to 45a-667o, inclusive, shall be given in the manner provided in section 45a-667n, and (B) notice for a matter brought under section 45a-667p shall be given in the manner provided in section 45a-667q.
(2) The court shall direct that personal service of the citation be made, by a state marshal, constable or an indifferent person, upon the following: The respondent and the respondent's spouse, if any, if the spouse is not the applicant, except that in cases where the application is for involuntary representation pursuant to section 17b-456, and there is no spouse, the court shall order notice by certified mail to the children of the respondent and if none, the parents of the respondent and if none, the brothers and sisters of the respondent or their representatives, and if none, the next of kin of such respondent.
(3) The court shall order such notice as it directs to the following: (A) The applicant; (B) the person in charge of welfare in the town where the respondent is domiciled or resident and, if there is no such person, the first selectman or chief executive officer of the town if the respondent is receiving assistance from the town; (C) the Commissioner of Social Services, if the respondent is in a state-operated institution or receiving aid, care or assistance from the state; (D) the Commissioner of Veterans Affairs if the respondent is receiving veterans' benefits or the Veterans Residential Services facility, or both, if the respondent is receiving aid or care from said facility, or both; (E) the Commissioner of Administrative Services, if the respondent is receiving aid or care from the state; (F) the children of the respondent and if none, the parents of the respondent and if none, the brothers and sisters of the respondent or their representatives and if none, the next of kin of the respondent; and (G) the person in charge of the hospital, nursing home or some other institution, if the respondent is in a hospital, nursing home or some other institution.
(4) The court, in its discretion, may order such notice as it directs to other persons having an interest in the respondent and to such persons the respondent requests be notified.
(5) If personal service of the notice required in subsection (b) of this section is not made as required in subdivision (2) of this subsection, the court shall be deprived of jurisdiction over the application.
(b) The notice required by subdivision (2) of subsection (a) of this section shall specify (1) the nature of involuntary representation sought and the legal consequences thereof, (2) the facts alleged in the application, (3) the date, time and place of the hearing, and (4) that the respondent has a right to be present at the hearing and has a right to be represented by an attorney of the respondent's choice at the respondent's own expense. The notice shall also include a statement in boldface type of a minimum size of twelve points in substantially the following form:
“POSSIBLE CONSEQUENCES OF THE APPOINTMENT
OF A CONSERVATOR FOR YOU
This court has received an application to appoint a conservator for you. A conservator is a court-appointed legal guardian who may be assigned important decision-making authority over your affairs. If the application is granted and a conservator is appointed for you, you will lose some of your rights.
A permanent conservator may only be appointed for you after a court hearing. You have the right to attend the hearing on the application for appointment of a permanent conservator. If you are not able to access the court where the hearing will be held, you may request that the hearing be moved to a convenient location, even to your place of residence.
You should have an attorney represent you at the hearing on the application. If you are unable to obtain an attorney to represent you at the hearing, the court will appoint an attorney for you. If you are unable to pay for representation by an attorney, the court will pay attorney fees as permitted by the court's rules. Even if you qualify for payment of an attorney on your behalf, you may choose an attorney if the attorney will accept the attorney fees permitted by the court's rules.
If, after a hearing on the application, the court decides that you lack the ability to care for yourself, pay your bills or otherwise manage your affairs, the court may review any alternative plans you have to get assistance to handle your own affairs that do not require appointment of a conservator. If the court decides that there are no adequate alternatives to the appointment of a conservator, the court may appoint a conservator and assign the conservator responsibility for some or all of the duties listed below. While the purpose of a conservator is to help you, you should be aware that the appointment of a conservator limits your rights. Among the areas that may be affected are:
– Accessing and budgeting your money
– Deciding where you live
– Making medical decisions for you
– Paying your bills
– Managing your real and personal property
You may participate in the selection of your conservator. If you have already designated a conservator or if you inform the court of your choice for a conservator, the court must honor your request unless the court decides that the person designated by you is not appropriate.
The conservator appointed for you may be a lawyer, a public official or someone whom you did not know before the appointment. The conservator will be required to make regular reports to the court about you. The conservator may charge you a fee, under the supervision of the court, for being your conservator.”
(c) Notice to all other persons required by this section shall only be required to state that involuntary representation is sought, the nature of the involuntary representation sought, the legal consequences of the involuntary representation and the date, time and place of the hearing on the application for involuntary representation.
(d) If the respondent is unable to request or obtain an attorney for any reason, the court shall appoint an attorney to represent the respondent in any proceeding under this title involving the respondent. If the respondent is unable to pay for the services of such attorney, the reasonable compensation for such attorney shall be established by, and paid from funds appropriated to, the Judicial Department, except that if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.
(e) If the respondent notifies the court in any manner that the respondent wants to attend the hearing on the application but is unable to do so, the court shall schedule the hearing on the application at a place that would facilitate attendance by the respondent.
(P.A. 77-446, S. 3; 77-614, S. 521, 587, 610; P.A. 78-303, S. 85, 136; P.A. 79-358, S. 3; 79-501, S. 1; P.A. 80-476, S. 128; P.A. 81-223; P.A. 83-295, S. 25; P.A. 84-271, S. 4; P.A. 86-195, S. 1; P.A. 89-64; P.A. 90-31, S. 6, 9; P.A. 93-262, S. 1, 87; P.A. 96-170, S. 17, 23; P.A. 97-90, S. 5, 6; P.A. 00-99, S. 86, 154; P.A. 01-127, S. 2; P.A. 04-169, S. 20; P.A. 07-116, S. 14; P.A. 10-32, S. 136; P.A. 12-22, S. 26; P.A. 13-81, S. 9; P.A. 16-167, S. 44; P.A. 17-136, S. 11.)
History: P.A. 77-614 and P.A. 78-303 replaced commissioner of social services with commissioner of human resources, effective January 1, 1979; P.A. 79-358 required that commissioner of administrative services be issued citation to appear if respondent is receiving aid or care from the state; P.A. 79-501 authorized court to appoint attorney and to pay for his services if respondent is unable to do so and added provision re contents of notice to persons other than those listed in Subsec. (a)(1) in Subsec. (b); P.A. 80-476 reworded provisions; P.A. 81-223 amended Subsec. (a)(1) to add exception re notice in cases where application for involuntary representation is made pursuant to Sec. 46a-20 and there is no spouse; P.A. 83-295 amended Subsec. (b) to provide that the “reasonable compensation” for an attorney appointed to represent a respondent who is unable to pay shall be “established by” the judicial department; P.A. 84-271 amended Subsec. (a) by providing that the hearing date shall not be more than 30 days after receipt of the application unless continued for cause shown, by authorizing service upon counsel for the respondent or the appointed attorney if the court finds personal service upon the respondent would be detrimental to the respondent and by authorizing the court to order notice “to such persons the respondent requests be notified”; P.A. 86-195 amended Subsec. (a) by deleting requirement of personal service to person in charge of hospital, nursing home or other institution and substituting such notice as court directs to such person; P.A. 89-64 amended Subsec. (b) to provide that court-appointed counsel shall represent respondent in any proceeding under title where previously limited to hearings under the chapter; P.A. 90-31 amended Subsec. (b) by changing compensation of counsel from funds appropriated to the judicial department to the probate administration fund in an amount established by the probate court administrator; Sec. 45-70c transferred to Sec. 45a-649 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 96-170 amended Subsec. (b) by changing funding of compensation of counsel from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 97-90 revised effective date of P.A. 96-170 but without affecting this section; P.A. 00-99 replaced reference to sheriff and deputy sheriff with state marshal in Subsec. (a), effective December 1, 2000; P.A. 01-127 amended Subsec. (a)(2)(D) by eliminating requirement that notice to Administrator of Veterans Affairs be by registered or certified mail; P.A. 04-169 amended Subsec. (a)(2)(D) to substitute Commissioner of Veterans' Affairs for Administrator of Veterans Affairs, to change the name of the Veterans Home and Hospital to the Veterans' Home and to make a technical change, effective June 1, 2004; P.A. 07-116 reorganized Subsec. (a) by inserting new Subdiv. designators (1) to (4), amended Subsec. (a)(1) to substitute “ten days” for “seven days” and add “or in the case of an application made pursuant to section 17a-543 or 17a-543a, at least seven days before the hearing date”, amended Subsec. (a)(2) to delete exception re service to respondent if detrimental to health or welfare of respondent, added Subsec. (a)(5) re court being deprived of jurisdiction if required personal service is not made, deleted former Subdiv. designators in Subsec. (b), amended Subsec. (b) to add “of the respondent's choice” re attorney representation and insert form of notice and statement to be provided to respondent, inserted new Subsec. (c) re notice to all other persons, designated existing provisions re appointment of attorney and place of hearing as Subsecs. (d) and (e), and made technical changes; P.A. 10-32 made technical changes in Subsec. (b), effective May 10, 2010; P.A. 12-22 amended Subsec. (a)(1) by adding Subpara. (A) re notice in matter under Secs. 45a-667g to 45a-667o and adding Subpara. (B) re notice in matter under Sec. 45a-667p; P.A. 13-81 amended Subsec. (a)(1) to add exception as provided in Sec. 45a-648(c) re date of hearing on application and make technical and conforming changes; P.A. 16-167 amended Subsec. (a)(3)(D) to replace “Commissioner of Veterans' Affairs” with “Commissioner of Veterans Affairs”, to replace “Veterans' Home” with “Veterans Residential Services facility” and to make a conforming change, effective July 1, 2016; P.A. 17-136 amended Subsec. (a)(3)(F) by adding “and if none, the next of kin of the respondent” and by making technical changes.
Under 2005 revision, primary purpose of Subsec. (b) is to ensure that respondents and conserved persons are fully informed of the nature of the proceedings and that their articulated preferences are zealously advocated by a trained attorney both during the proceedings and during the conservatorship; absolute quasi-judicial immunity does not extend to attorneys appointed to represent respondents in conservatorship proceedings or to attorneys appointed to represent conserved persons. 304 C. 234.
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Sec. 45a-649a. Right to an attorney re involuntary representation. Fees. Indigency. Attorney duties and access to information. (a) A respondent, as defined in section 45a-644, or a conserved person, as defined in section 45a-644, who is subject to proceedings subsequent to the appointment of a conservator pursuant to an application for involuntary representation shall have the right to be represented by an attorney of the respondent's or conserved person's choosing at the expense of the respondent or conserved person or, if the respondent or conserved person is indigent, within the payment guidelines of the Court of Probate.
(b) If the Court of Probate finds the respondent or conserved person is indigent or otherwise unable to pay for an attorney, the court shall appoint an attorney for the respondent or conserved person unless the respondent or conserved person refuses to be represented by an attorney and the court finds that the respondent or conserved person understands the nature of the refusal. The court shall appoint an attorney from a panel of attorneys admitted to practice in this state provided by the Probate Court Administrator in accordance with regulations issued under section 45a-77.
(c) An attorney appointed pursuant to this section shall represent the respondent or conserved person in proceedings under sections 45a-644 to 45a-663, inclusive, and shall consult with the conserved person regarding bringing an appeal to the Superior Court under section 45a-186. Upon the request of the conserved person, the attorney for the conserved person shall assist in the filing and commencing of an appeal to the Superior Court. An attorney's assistance in filing such an appeal shall not obligate the attorney to appear in or prosecute the appeal. A conservator may not deny the conserved person access to the person's resources needed for an appeal.
(d) Nothing in this section shall impair, limit or diminish the right of a respondent or conserved person to replace the attorney for such respondent or conserved person with a different attorney whom such respondent or conserved person chooses in accordance with this section. Fees of an attorney chosen by the respondent or conserved person shall be approved by the Court of Probate or, if an appeal is taken, by the Superior Court.
(e) If the respondent or conserved person is indigent, an attorney appointed under this section shall be paid a reasonable rate of compensation. Rates of compensation for such appointed attorneys shall be established by the Office of the Probate Court Administrator. Such compensation shall be paid from funds appropriated to the Judicial Department. If funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be paid from the Probate Court Administration Fund.
(f) An attorney representing a respondent or conserved person subject to proceedings under this chapter shall not accept appointment as guardian ad litem or conservator of the person or estate for the same person unless such attorney has been nominated by the respondent or conserved person pursuant to section 45a-645, or similar instrument, including, but not limited to, a trust or an advance directive pursuant to section 19a-580e, or section 19a-580g, or is nominated by the respondent or conserved person pursuant to section 45a-650.
(g) An attorney for the respondent or conserved person, on presentation of proof of authority, shall have access to all information pertinent to proceedings under this title, including immediate access to medical records available to the respondent's or conserved person's treating physician.
(P.A. 07-116, S. 15; P.A. 21-100, S. 23.)
History: P.A. 21-100 made a technical change in Subsec. (e), effective July 1, 2021.
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Sec. 45a-650. (Formerly Sec. 45-70d). Hearing on petition for involuntary representation. Evidence. Appointment of conservator. Limitation re powers and duties. Probate bond. (a) At any hearing on a petition for involuntary representation, before the court receives any evidence regarding the condition of the respondent or of the respondent's affairs, the court shall require clear and convincing evidence that the court has jurisdiction, that the respondent has been given notice as required in section 45a-649, and that the respondent has been advised of the right to retain an attorney pursuant to section 45a-649a and is either represented by an attorney or has waived the right to be represented by an attorney. The respondent shall have the right to attend any hearing held under this section.
(b) The rules of evidence applicable to civil matters in the Superior Court shall apply to all hearings pursuant to this section. All testimony at a hearing held pursuant to this section shall be given under oath or affirmation.
(c) (1) After making the findings required under subsection (a) of this section, the court shall receive evidence regarding the respondent's condition, the capacity of the respondent to care for himself or herself or to manage his or her affairs, and the ability of the respondent to meet his or her needs without the appointment of a conservator. Unless waived by the court pursuant to subdivision (2) of this subsection, medical evidence shall be introduced from one or more physicians licensed to practice medicine in this state who have examined the respondent not more than forty-five days prior to the hearing, except that for a person with intellectual disability, as defined in section 1-1g, psychological evidence may be introduced in lieu of such medical evidence from a psychologist licensed pursuant to chapter 383 who has examined the respondent not more than forty-five days prior to the hearing. The evidence shall contain specific information regarding the respondent's condition and the effect of the respondent's condition on the respondent's ability to care for himself or herself or to manage his or her affairs. The court may also consider such other evidence as may be available and relevant, including, but not limited to, a summary of the physical and social functioning level or ability of the respondent, and the availability of support services from the family, neighbors, community or any other appropriate source. Such evidence may include, if available, reports from the social work service of a general hospital, municipal social worker, director of social service, public health nurse, public health agency, psychologist, coordinating assessment and monitoring agencies, or such other persons as the court considers qualified to provide such evidence.
(2) The court may waive the requirement that medical evidence be presented if it is shown that the evidence is impossible to obtain because of the absence of the respondent or the respondent's refusal to be examined by a physician or that the alleged incapacity is not medical in nature. If such requirement is waived, the court shall make a specific finding in any decree issued on the petition stating why medical evidence was not required.
(3) Any hospital, psychiatric, psychological or medical record or report filed with the court pursuant to this subsection shall be confidential.
(d) Upon the filing of an application for involuntary representation pursuant to section 45a-648, the court shall issue an order for the disclosure of the medical information required pursuant to this section and any psychological information submitted with respect to a person with intellectual disability pursuant to subsection (c) of this section to the respondent's attorney and, upon request, to the respondent. The court may issue an order for the disclosure of such information to any other person as the court determines necessary.
(e) Notwithstanding the provisions of section 45a-7, the court may hold the hearing on the petition at a place other than its usual courtroom if it would facilitate attendance by the respondent.
(f) (1) If the court finds by clear and convincing evidence that the respondent is incapable of managing the respondent's affairs, that the respondent's affairs cannot be managed adequately without the appointment of a conservator and that the appointment of a conservator is the least restrictive means of intervention available to assist the respondent in managing the respondent's affairs, the court may appoint a conservator of his or her estate after considering the factors set forth in subsection (g) of this section.
(2) If the court finds by clear and convincing evidence that the respondent is incapable of caring for himself or herself, that the respondent cannot be cared for adequately without the appointment of a conservator and that the appointment of a conservator is the least restrictive means of intervention available to assist the respondent in caring for himself or herself, the court may appoint a conservator of his or her person after considering the factors set forth in subsection (g) of this section.
(3) No conservator may be appointed if the respondent's personal needs and property management are being met adequately by an agency or individual appointed pursuant to the provisions of sections 1-350g and 1-352, or section 19a-575a, 19a-577, 19a-580e or 19a-580g.
(g) When determining whether a conservator should be appointed the court shall consider the following factors: (1) The abilities of the respondent; (2) the respondent's capacity to understand and articulate an informed preference regarding the care of his or her person or the management of his or her affairs; (3) any relevant and material information obtained from the respondent; (4) evidence of the respondent's past preferences and life style choices; (5) the respondent's cultural background; (6) the desirability of maintaining continuity in the respondent's life and environment; (7) whether the respondent had previously made adequate alternative arrangements for the care of his or her person or for the management of his or her affairs, including, but not limited to, the execution of a durable power of attorney, springing power of attorney, the appointment of a health care representative or health care agent, the execution of a living will or trust or the execution of any other similar document; (8) any relevant and material evidence from the respondent's family and any other person regarding the respondent's past practices and preferences; and (9) any supportive services, technologies or other means that are available to assist the respondent in meeting his or her needs.
(h) The respondent or conserved person may appoint, designate or nominate a conservator or successor conservator pursuant to section 19a-575a, 19a-580e, 19a-580g or 45a-645, or may, orally or in writing, nominate a conservator or successor conservator who shall be appointed unless the court finds that the appointee, designee or nominee is unwilling or unable to serve or there is substantial evidence to disqualify such person. If there is no such appointment, designation or nomination or if the court does not appoint the person appointed, designated or nominated by the respondent or conserved person, the court may appoint any qualified person, authorized public official or corporation in accordance with subsections (a) and (b) of section 45a-644. In considering whom to appoint as conservator or successor conservator, the court shall consider (1) the extent to which a proposed conservator has knowledge of the respondent's or conserved person's preferences regarding the care of his or her person or the management of his or her affairs, (2) the ability of the proposed conservator to carry out the duties, responsibilities and powers of a conservator, (3) the cost of the proposed conservatorship to the estate of the respondent or conserved person, (4) the proposed conservator's commitment to promoting the respondent's or conserved person's welfare and independence, and (5) any existing or potential conflicts of interest of the proposed conservator.
(i) If the court appoints a conservator of the estate of the respondent, the court shall require a probate bond. The court may, if it considers it necessary for the protection of the respondent, require a bond of any conservator of the person appointed under this section.
(j) Absent the court's order to the contrary and except as otherwise provided in subsection (b) of section 19a-580e, a conservator appointed pursuant to this section shall be bound by all health care decisions properly made by the conserved person's health care representative.
(k) In assigning the duties of a conservator under this section the court may, in accordance with section 1-350g, limit, suspend or terminate the authority of an agent designated by the conserved person to act under a power of attorney; and the court shall enter a specific order as to whether the authority of the agent is limited, suspended or terminated.
(l) Except as provided in subsection (k) of this section, a conserved person and his agent under a power of attorney shall retain all rights and authority not expressly assigned to the conservator.
(m) The court shall assign to a conservator appointed under this section only the duties and authority that are the least restrictive means of intervention necessary to meet the needs of the conserved person. The court shall find by clear and convincing evidence that such duties and authority restrict the decision-making authority of the conserved person only to the extent necessary to provide for the personal needs or property management of the conserved person. Such personal needs and property management shall be provided in a manner appropriate to the conserved person. The court shall make a finding of the clear and convincing evidence that supports the need for each duty and authority assigned to the conservator.
(n) Nothing in this chapter shall impair, limit or diminish a conserved person's right to retain an attorney to represent such person or to seek redress of grievances in any court or administrative agency, including proceedings in the nature of habeas corpus arising out of any limitations imposed on the conserved person by court action taken under this chapter, chapter 319i, chapter 319j or section 45a-242. In any other proceeding in which the conservator has retained counsel for the conserved person, the conserved person may request the court to direct the conservator to substitute an attorney chosen by the conserved person.
(P.A. 77-446, S. 4; P.A. 80-227, S. 8, 24; 80-476, S. 129; P.A. 84-271, S. 5; P.A. 97-90, S. 4; P.A. 98-219, S. 17; P.A. 01-209, S. 6, 7; P.A. 04-142, S. 3; P.A. 06-195, S. 76; P.A. 07-116, S. 16; June 12 Sp. Sess. P.A. 12-2, S. 76; P.A. 14-103, S. 6, 13; 14-121, S. 1; P.A. 15-240, S. 49; P.A. 16-40, S. 9; 16-193, S. 21; P.A. 18-45, S. 20.)
History: P.A. 80-227 substituted “probate bond” for “bond ... in such amount as it deems necessary to protect the estate of the respondent”, effective July 1, 1981; P.A. 80-476 divided section into Subsecs. and reworded provisions; P.A. 84-271 amended Subsec. (a) by authorizing the court to consider such other evidence as may be available and relevant including a summary of the physical and social functioning level or ability of the respondent and the availability of support services, and providing such evidence may include reports from certain agencies and professionals in the social work and public health field; Sec. 45-70d transferred to Sec. 45a-650 in 1991; P.A. 97-90 amended Subsec. (c) to permit court not to appoint conservator if it appears that person or affairs of person are being cared for properly without appointment of conservator and to make technical changes, and amended Subsec. (d) re considerations in making determination of whether to appoint conservator; P.A. 98-219 added Subsec. (g) re limitation of powers and duties of conservator of the person or conservator of the estate; P.A. 01-209 amended Subsec. (a) to add provisions re examination by independent physician, psychologist or psychiatrist in matter in which Commissioner of Social Services seeks appointment of conservator, effective July 1, 2001; P.A. 04-142 amended Subsec. (a) by adding provision re confidentiality of medical report filed with the court, added new Subsec. (b) re court order for disclosure of required medical information, redesignated existing Subsecs. (b) to (g) as new Subsecs. (c) to (h), respectively, and made technical changes; P.A. 06-195 substituted “health care representative” for “health care agent” in Subsec. (h); P.A. 07-116 inserted provisions in Subsec. (a) re requirements before court receives evidence and respondent's right to attend any hearing under section, inserted new Subsec. (b) re applicable rules of evidence, designated as new Subsec. (c) existing provisions re court's receipt of evidence re capacity of respondent, and amended same to substitute 45 days for 30 days re physician examination preceding hearing, substitute reference to respondent's condition and respondent's ability to care for self or manage affairs for reference to respondent's “disability and the extent of its incapacitating effect”, and delete provisions re matters where Commissioner of Social Services seeks appointment of conservator for an elderly person, redesignated existing Subsec. (b) as Subsec. (d) and inserted provisions therein re disclosure of medical information, redesignated existing Subsec. (c) as (e) and amended same to delete “within the state” re place of hearing, redesignated existing Subsec. (d) as Subsec. (f) and inserted provisions therein re court's findings, redesignated existing Subsec. (e) as Subsec. (g) and amended same to substitute enumerated factors for consideration of best interest of respondent and prior alternative arrangements, inserted Subsec. (h) designator and added provisions therein re respondent's ability to nominate conservator and court's appointment of conservator, deleted former Subsec. (f) re court's findings of facts to be furnished upon request, redesignated existing Subsec. (g) as Subsec. (i), deleted former Subsec. (h) re limitation on powers and duties of conservator, added new Subsecs. (j) to (m) re limitations on powers of conservators and retention of rights of conserved person, and made technical changes; June 12 Sp. Sess. P.A. 12-2 made a technical change in Subsec. (h); P.A. 14-103 amended Subsec. (b) to make technical changes and amended Subsec. (h) to add references to successor conservator and add reference to Sec. 19a-575a; P.A. 14-121 amended Subsec. (c) to insert Subdiv. (1) to (3) designators and add provisions re introduction of psychological evidence for person with intellectual disability, amended Subsec. (d) to add provision re disclosure of psychological information submitted, and made technical changes; P.A. 15-240 amended Subsec. (f)(3) by adding “the provisions of sections 1-350g and 1-352, or” and by deleting “1-43,”, added new Subsec. (k) re authority of court in assigning duties of conservator, redesignated existing Subsecs. (k) to (m) as Subsecs. (l) to (n) and amended redesignated Subsec. (l) by adding provisions re agent under power of attorney retains rights and authority not expressly assigned to conservator, except as provided in Subsec. (k), effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 49, from July 1, 2016, to October 1, 2016, effective May 27, 2016; P.A. 16-193 made a technical change in Subsec. (n); P.A. 18-45 amended Subsecs. (a), (c)(2) and (e) by replacing references to application with references to petition.
See Sec. 45a-656 re duties and authority assigned by the court.
See Sec. 52-60 re appointment of probate judge as attorney for nonresident fiduciary.
Cited. 230 C. 828; 233 C. 44. Under 2005 revision, Probate Court does not have statutory authority to issue injunctive orders to third parties to carry out its decisions on behalf of a conserved person; probate bond requirement for conservators evinces a legislative policy that conservators are not entitled to quasi-judicial immunity for acts that are not authorized or approved by the Probate Court. 304 C. 234. Statutory factors in Subsec. (h) wholly supplant any consideration of the “best interests” of a respondent in conservatorship proceedings; respondent's best interests are neither a factor nor an overarching guide in selecting a conservator. 320 C. 178.
Cited. 37 CA 137; 42 CA 70. A conservator may bring a civil action for dissolution of marriage on behalf of a conserved person. 128 CA 259. Probate Court is required to hear evidence on the record concerning a person's suitability and qualifications to be appointed a neutral third party conservator; such requirement is consistent with legislature's goal to establish transparency and accountability in probate proceedings. 130 CA 243. Evidence in adjudication to appoint conservator need not be limited to the specific factual inquiries set forth in Subsec. (h). 151 CA 403; judgment affirmed, see 320 C. 178.
Cited. 44 CS 53.
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Sec. 45a-651. (Formerly Sec. 45-70g). Appointment of Commissioner of Social Services as conservator for certain persons with limited resources. Legal representation. (a)(1) If no suitable conservator can be found after due diligence and the court finds that the health or welfare of the respondent is in jeopardy, the Commissioner of Social Services shall accept appointment within available appropriations, as conservator of the estate of any respondent sixty years of age or older found incapable under sections 45a-644 to 45a-662, inclusive, of managing his or her affairs, whose liquid assets, excluding burial insurance in an amount up to one thousand five hundred dollars, do not exceed one thousand five hundred dollars at the time of such appointment. (2) If no suitable conservator can be found after due diligence and the court finds that the health or welfare of the respondent is in jeopardy, the Commissioner of Social Services shall accept appointment, within available appropriations, as conservator of the person, of any respondent sixty years of age or older found incapable under said sections of caring for himself or herself, whose liquid assets, excluding burial insurance in an amount up to one thousand five hundred dollars, do not exceed one thousand five hundred dollars at the time of such appointment.
(b) The Commissioner of Social Services may delegate any power, duty or function arising from the appointment of such commissioner as either conservator of the estate or of the person respectively, to an employee of the Department of Social Services.
(c) When so appointed, such commissioner or designees shall have all the powers and duties of a conservator as provided in sections 45a-644 to 45a-662, inclusive. The department may contract with any public or private agency or person to assist in the carrying out of the duties as conservator of the estate or the person.
(d) During the term of appointment of the Commissioner of Social Services as conservator, if a suitable person or legally qualified person, corporation or municipal or state official is found to replace such commissioner as conservator, such person, corporation or official may be appointed successor conservator subject to the approval of the court of probate.
(e) The Commissioner of Social Services shall adopt regulations in accordance with the provisions of chapter 54 setting forth the terms and conditions of the acceptance and the termination of appointment as conservator of the estate or person in accordance with this section.
(f) In any proceeding to appoint the Commissioner of Social Services as conservator, the court shall appoint an attorney to represent the person for whom such commissioner has been appointed conservator if such person is without legal representation.
(P.A. 84-271, S. 2; P.A. 88-206, S. 1; P.A. 93-262, S. 64, 87; P.A. 00-39, S. 1, 2.)
History: P.A. 88-206 authorized commissioner of human resources to accept appointment as conservator of the person in Subsec. (a), allowed the commissioner on aging and the commissioner of human resources to delegate their functions as conservators to an employee of their respective departments in Subsec. (b), made technical changes in Subsecs. (c), (d), (e) and (f) and required the appointment of legal representation when the person for whom a conservator has been appointed is without representation; Sec. 45-70g transferred to Sec. 45a-651 in 1991; P.A. 93-262 replaced references to commissioners and departments of human resources and aging with commissioner of social services, effective July 1, 1993; P.A. 00-39 amended Subsec. (c) to make a technical change, deleted former Subsec. (f) re recovery from assets of the estate for services of commissioner as conservator and redesignated former Subsec. (g) as Subsec. (f), effective May 1, 2000.
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Sec. 45a-652. (Formerly Sec. 45-71a). Application for appointment of conservator of the estate. In the case of any application for the appointment of a conservator of the estate, as said terms are defined in section 45a-644, and, in the case of any application for involuntary representation, as defined in subsection (d) of section 45a-644, the application shall state that the respondent, as defined in subsection (e) of section 45a-644, either is or is not, receiving such aid or care from the state, whichever is true, and a copy of each application which states the respondent is receiving such aid or care shall be sent by the court to the Commissioner of Administrative Services, in accordance with the provisions of subsection (a) of section 45a-649 or section 45a-646, as the case may be.
(P.A. 79-358, S. 2.)
History: Sec. 45-71a transferred to Sec. 45a-652 in 1991.
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Sec. 45a-653. (Formerly Sec. 45-73). Conveyances, contracts and funds of allegedly incapable person pending application for appointment of conservator. Recording or lodging of notice of application. Section 45a-653 is repealed, effective July 1, 2019.
(1949 Rev., S. 6876; P.A. 80-476, S. 135; P.A. 91-406, S. 18, 29; P.A. 94-111; P.A. 96-180, S. 124, 166; P.A. 07-116, S. 17; P.A. 19-47, S. 17.)
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Sec. 45a-654. (Formerly Sec. 45-72). Appointment of temporary conservator. Duties. (a) Upon written petition for appointment of a temporary conservator brought by any person considered by the Probate Court to have sufficient interest in the welfare of the respondent, including, but not limited to, the spouse or any relative of the respondent, the first selectman, chief executive officer or head of the department of welfare of the town of residence or domicile of any respondent, the Commissioner of Social Services, the board of directors of any charitable organization, as defined in section 21a-190a, or the chief administrative officer of any nonprofit hospital or such officer's designee, the court may appoint a temporary conservator if the court finds by clear and convincing evidence that: (1) The respondent is incapable of managing his or her affairs or incapable of caring for himself or herself, (2) immediate and irreparable harm to the mental or physical health or financial or legal affairs of the respondent will result if a temporary conservator is not appointed, and (3) appointment of a temporary conservator is the least restrictive means of intervention available to prevent such harm. The court shall require the temporary conservator to give a probate bond. The court shall limit the duties and authority of the temporary conservator to the circumstances that gave rise to the application and shall make specific findings, by clear and convincing evidence, of the immediate and irreparable harm that will be prevented by the appointment of a temporary conservator and that support the appointment of a temporary conservator. In making such specific findings, the court shall consider the present and previously expressed wishes of the respondent, the abilities of the respondent, any prior appointment of an attorney-in-fact, health care representative, trustee or other fiduciary acting on behalf of the respondent, any support service otherwise available to the respondent and any other relevant evidence. In appointing a temporary conservator pursuant to this section, the court shall set forth each duty or authority of the temporary conservator. The temporary conservator shall have charge of the property or of the person of the conserved person, or both, for such period or for such specific occasion as the court finds to be necessary, provided a temporary appointment shall not be valid for more than thirty days, unless at any time while the appointment of a temporary conservator is in effect, a petition is filed for appointment of a conservator of the person or estate under section 45a-650. The court may (A) extend the appointment of the temporary conservator until the disposition of such petition under section 45a-650, or for an additional thirty days, whichever occurs first, or (B) terminate the appointment of a temporary conservator upon a showing that the circumstances that gave rise to the petition for appointment of a temporary conservator no longer exist. No appointment of a temporary conservator under this section may be in effect for more than sixty days from the date of the initial appointment.
(b) Unless the court waives the medical evidence requirement pursuant to subsection (e) of this section, an appointment of a temporary conservator shall not be made unless a report is filed with the petition for appointment of a temporary conservator, signed by a physician licensed to practice medicine or surgery in this state, stating: (1) That the physician has examined the respondent and the date of such examination, which shall not be more than three days prior to the date of presentation to the judge; (2) that it is the opinion of the physician that the respondent is incapable of managing his or her affairs or incapable of caring for himself or herself; and (3) the reasons for such opinion. Any physician's report filed with the court pursuant to this subsection shall be confidential. The court shall provide for the disclosure of the medical information required pursuant to this subsection to the respondent on the respondent's request, to the respondent's attorney and to any other party considered appropriate by the court.
(c) Upon receipt of a petition for the appointment of a temporary conservator, the court shall issue notice to the respondent, appoint counsel for the respondent and conduct a hearing on the petition in the manner set forth in sections 45a-649, 45a-649a and 45a-650, except that (1) notice to the respondent shall be given not less than five days before the hearing, which shall be conducted not later than seven days after the petition is filed, excluding Saturdays, Sundays and holidays, or (2) where a petition has been made ex parte for the appointment of a temporary conservator, notice shall be given to the respondent not more than forty-eight hours after the ex parte appointment of a temporary conservator, with the hearing on such ex parte appointment to be conducted not later than three days after the ex parte appointment, excluding Saturdays, Sundays and holidays. Service on the respondent of the notice of the petition for the appointment of a temporary conservator shall be in hand and shall be made by a state marshal, constable or an indifferent person. Notice shall include (A) a copy of the petition for appointment of a temporary conservator and any physician's report filed with the petition pursuant to subsection (b) of this section, (B) a copy of an ex parte order, if any, appointing a temporary conservator, and (C) the date, time and place of the hearing on the petition for the appointment of a temporary conservator. The court may not appoint a temporary conservator until the court has made the findings required in this section and held a hearing on the petition, except as provided in subsection (d) of this section. If notice is provided to the next of kin with respect to a petition filed under this section, the physician's report shall not be disclosed to the next of kin except by order of the court.
(d) (1) If the court determines that the delay resulting from giving notice and appointing an attorney to represent the respondent as required in subsection (c) of this section would cause immediate and irreparable harm to the mental or physical health or financial or legal affairs of the respondent, the court may, ex parte and without prior notice to the respondent, appoint a temporary conservator upon receiving evidence and making the findings required in subsection (a) of this section, provided the court makes a specific finding in any decree issued on the petition stating the immediate or irreparable harm that formed the basis for the court's determination and why such hearing and appointment was not required before making an ex parte appointment. If an ex parte order of appointment of a temporary conservator is made, a hearing on the petition for appointment of a temporary conservator shall be commenced not later than three days after the ex parte order was issued, excluding Saturdays, Sundays and holidays. An ex parte order shall expire not later than three days after the order was issued unless a hearing on the order that commenced prior to the expiration of the three-day period has been continued for good cause.
(2) After a hearing held under this subsection, the court may appoint a temporary conservator or may confirm or revoke the ex parte appointment of the temporary conservator or may modify the duties and authority assigned under such appointment.
(e) The court may waive the medical evidence requirement under subsection (b) of this section if the court finds that the evidence is impossible to obtain because of the refusal of the respondent to be examined by a physician. In any such case the court may, in lieu of medical evidence, accept other competent evidence. In any case in which the court waives the medical evidence requirement as provided in this subsection, the court may not appoint a temporary conservator unless the court finds, by clear and convincing evidence, that (1) the respondent is incapable of managing his or her affairs or incapable of caring for himself or herself, and (2) immediate and irreparable harm to the mental or physical health or financial or legal affairs of the respondent will result if a temporary conservator is not appointed pursuant to this section. In any case in which the court waives the requirement of medical evidence as provided in this subsection, the court shall make a specific finding in any decree issued on the petition stating why medical evidence was not required.
(f) Upon the termination of the temporary conservatorship, the temporary conservator shall file, if applicable, a final accounting as directed by the court, of his or her actions as temporary conservator.
(1955, S. 2908d; 1957, P.A. 449; February, 1965, P.A. 590, S. 2; 1967, P.A. 385; P.A. 75-72; P.A. 77-446, S. 6; 77-614, S. 521, 610; P.A. 79-631, S. 83, 111; P.A. 80-227, S. 9, 24; 80-476, S. 130; P.A. 84-202; 84-271, S. 6; 84-294, S. 8; P.A. 90-230, S. 58, 101; P.A. 93-262, S. 65, 87; P.A. 95-89; P.A. 96-170, S. 9, 23; P.A. 97-90, S. 5, 6; P.A. 04-142, S. 4; P.A. 05-154, S. 1; P.A. 06-195, S. 77; P.A. 07-73, S. 2(a); 07-116, S. 18; P.A. 10-32, S. 137; P.A. 18-45, S. 14.)
History: 1965 act authorized board of directors of charitable organization to make application for appointment of temporary conservator; 1967 act allowed appointment to cover charge of person in lieu of or in addition to the estate; P.A. 75-72 authorized applications by chief administrative officer of any nonprofit hospital or his designee; P.A. 77-446 authorized applications by first selectman, chief executive officer or head of town department of welfare or by commissioner of social services, rephrased provision so that court makes finding as to respondent's capability where provisions had been phrased to imply that such finding was previously made and added hearing provisions; P.A. 77-614 replaced commissioner of social services with commissioner of human resources, effective January 1, 1979; P.A. 79-631 replaced human resources commissioner with commissioner of children and youth services; P.A. 80-227 substituted “probate bond” for “bond, conditioned upon the faithful performance of his duties, in an amount to be determined by the judge”, effective July 1, 1981; P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 84-202 and P.A. 84-294 amended Subsec. (a) by replacing commissioner of children and youth services with commissioner of human resources as authority empowered to apply for appointment of temporary conservator; P.A. 84-271 amended Subsec. (a) by replacing provision allowing “written application by the husband, wife or any relative” with “written application of any person deemed by the court to have sufficient interest in the welfare of the respondent, including but not limited to the spouse or any relative of the respondent”, and deleting “commissioner of children and youth services” and adding “commissioner of human resources” and “the commissioner on aging” as agency heads authorized to make application, and amended Subsec. (c) by requiring the application to be acted upon within 48 hours of filing, Saturdays and Sundays excluded, unless continued for cause shown; P.A. 90-230 corrected an internal reference in Subsec. (a); Sec. 45-72 transferred to Sec. 45a-654 in 1991; P.A. 93-262 replaced reference to commissioners of human resources and aging with commissioner of social services, effective July 1, 1993; P.A. 95-89 amended Subsec. (a) by specifying applicability to appointment of temporary conservators, by adding irreparable harm to health or financial or legal affairs as ground for appointment, by granting discretionary power to require that bond be posted and by authorizing extension of appointment in cases where application for appointment of conservator under Sec. 45a-650 is filed, amended Subsec. (b) by changing requirement of two physicians to one physician and added provision re date of examination and opinion, deleted former provisions of Subsec. (c) and added new provisions re ex parte appointment of temporary conservator, added Subsec. (d) re hearing and notice where ex parte appointment not appropriate, added Subsec. (e) re waiver of medical evidence requirement and added Subsec. (f) re written report on termination of temporary conservatorship; P.A. 96-170 amended Subsec. (c) by changing funding of compensation of counsel from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 97-90 revised effective date of P.A. 96-170 but without affecting this section; P.A. 04-142 amended Subsec. (b) by adding provisions re confidentiality of physician's report filed with the court and re court order for disclosure of required medical information and by making technical changes; P.A. 05-154 amended Subsec. (a) to substitute “immediate and irreparable” for “immediate” in Subdiv. (2), to provide that the court shall limit duties, responsibilities and powers to the circumstances that gave rise to the application, to add factors the court shall consider in making findings, to insert Subpara. (A) designator and “under section 45a-650” in Subpara. (A), and to add new Subpara. (B) re termination of appointment, amended Subsec. (b)(2) to insert “incapable”, amended Subsec. (c) to insert new Subdiv. designators (1) to (3), to insert new language in Subdiv. (1) re court determination that delay will result in injury and requiring specific findings, to insert “ex parte” re appointment and change Subdiv. and Subpara. designators in Subdiv. (2), to insert new Subpara. (B) re scheduling date, place and time of hearing not later than 72 hours after decree, excluding Saturdays, Sundays and holidays, to add new Subpara. (C)(iii) re date, place and time of hearing, to delete former provisions re hearings, and to rewrite Subdiv. (3) re court duties after hearing, amended Subsec. (e)(2) to delete “if a hearing has not been held”, added new Subsec. (f) re restrictions on changing respondent's residence, added new Subsec. (g) re placement of respondent in an institution for long-term care, redesignated existing Subsec. (f) as Subsec. (h), and made technical changes, effective June 24, 2005; P.A. 06-195 substituted “health care representative” for “health care agent” in Subsec. (a); pursuant to P.A. 07-73 “Department of Mental Retardation” was changed editorially by the Revisors to “Department of Developmental Services” in Subsec. (g)(2), effective October 1, 2007; P.A. 07-116 amended Subsec. (a) to require “clear and convincing evidence”, insert Subdiv. (3) re appointment of temporary conservator as least restrictive means of intervention available to prevent harm, substitute “shall” for “may” re providing probate bond, substitute “duties and authority” for “duties, responsibilities and powers”, “irreparable harm” for “irreparable injury”, “specific findings” for “findings”, “considered” for “deemed” and “conserved person” for “respondent”, provide that court shall set forth each duty or authority of temporary conservator upon appointment, and provide that no appointment may be in effect more than 60 days from initial appointment, amended Subsec. (b) to make conforming changes and replace “may issue an order” re disclosure of medical information with “shall provide for the disclosure of the medical information” to respondent, respondent's attorney and other appropriate party, inserted new Subsec. (c) re notice and service, redesignated existing Subsec. (c) as Subsec. (d) and inserted therein “upon receiving evidence” re appointment, deleted former Subsec. (d), amended Subsec. (e) to require enumerated court findings by clear and convincing evidence in any case where court waives medical evidence requirement, deleted former Subsecs. (f) and (g) re changing respondent's residence or placement in institution for long-term care, redesignated existing Subsec. (h) as Subsec. (f) and added “and, if applicable, a final accounting as directed by the court” therein, and made technical changes; P.A. 10-32 made a technical change in Subsec. (b), effective May 10, 2010; P.A. 18-45 amended Subsec. (f) by deleting provision requiring temporary conservator to file written report with court, replaced references to application with references to petition, and made technical changes.
See Sec. 45a-132a re respondent's ability to refuse to undergo examination ordered by the court under said section.
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Sec. 45a-655. (Formerly Sec. 45-75). Duties of conservator of the estate. Application for distribution of gifts of income and principal from the estate. Determinations re breach of fiduciary duty. (a) A conservator of the estate appointed under section 45a-646, 45a-650 or 45a-654 shall, within two months after the date of the conservator's appointment, make and file in the Probate Court, an inventory, under penalty of false statement, of the estate of the conserved person, with the properties thereof appraised or caused to be appraised, by such conservator, at fair market value as of the date of the conservator's appointment. Such inventory shall include the value of the conserved person's interest in all property in which the conserved person has a legal or equitable present interest, including, but not limited to, the conserved person's interest in any joint bank accounts or other jointly held property. The conservator shall manage all the estate and apply so much of the net income thereof, and, if necessary, any part of the principal of the property, which is required to support the conserved person and those members of the conserved person's family whom the conserved person has the legal duty to support and to pay the conserved person's debts, and may sue for and collect all debts due the conserved person. The conservator, in the exercise of his or her duties and authority, shall be guided by the standards of practice adopted under subsection (h) of section 45a-77 and shall use the least restrictive means of intervention.
(b) Any conservator of the estate of a married person may apply such portion of the property of the conserved person to the support, maintenance and medical treatment of the conserved person's spouse which the Probate Court, upon hearing after notice, decides to be proper under the circumstances of the case.
(c) Notwithstanding the provisions of section 45a-177, the court may, and at the request of any interested party shall, require annual accountings from any conservator of the estate and the court shall hold a hearing on any such account with notice to all persons entitled to notice under section 45a-649.
(d) In the case of any person receiving public assistance, state-administered general assistance or Medicaid, the conservator of the estate shall apply toward the cost of care of such person any assets exceeding limits on assets set by statute or regulations adopted by the Commissioner of Social Services. Notwithstanding the provisions of subsections (a) and (b) of this section, in the case of an institutionalized person who has applied for or is receiving such medical assistance, no conservator shall apply and no court shall approve the application of (1) the net income of the conserved person to the support of the conserved person's spouse in an amount that exceeds the monthly income allowed a community spouse as determined by the Department of Social Services pursuant to 42 USC 1396r-5(d)(2)-(4), or (2) any portion of the property of the conserved person to the support, maintenance and medical treatment of the conserved person's spouse in an amount that exceeds the amount determined allowable by the department pursuant to 42 USC 1396r-5(f)(1) and (2), notwithstanding the provisions of 42 USC 1396r-5(f)(2)(A)(iv), unless such limitations on income would result in significant financial duress.
(e) Upon application of a conservator of the estate, after a hearing with notice to the Commissioner of Administrative Services, the Commissioner of Social Services and to all parties who may have an interest as determined by the court, the court may authorize the conservator to make gifts or other transfers of income and principal from the estate of the conserved person in such amounts and in such form, outright or in trust, whether to an existing trust or a court-approved trust created by the conservator, as the court orders to or for the benefit of individuals, including the conserved person, and to or for the benefit of charities, trusts or other institutions described in Sections 2055(a) and 2522(a) of the Internal Revenue Code of 1986, or any corresponding internal revenue code of the United States, as from time to time amended. Such gifts or transfers shall be authorized only if the court finds that: (1) In the case of individuals not related to the conserved person by blood or marriage, the conserved person had made a previous gift to that unrelated individual prior to being declared incapable; (2) in the case of a charity, either (A) the conserved person had made a previous gift to such charity, had pledged a gift in writing to such charity, or had otherwise demonstrated support for such charity prior to being declared incapable; or (B) the court determines that the gift to the charity is in the best interests of the conserved person, is consistent with proper estate planning, and there is no reasonable objection by a party having an interest in the conserved person's estate as determined by the court; (3) the estate of the conserved person and any proposed trust of which the conserved person is a beneficiary is more than sufficient to carry out the duties of the conservator as set forth in subsections (a) and (b) of this section, both for the present and foreseeable future, including due provision for the continuing proper care, comfort and maintenance of such conserved person in accordance with such conserved person's established standard of living and for the support of persons the conserved person is legally obligated to support; (4) the purpose of the gifts is not to diminish the estate of the conserved person so as to qualify the conserved person for federal or state aid or benefits; and (5) in the case of a conserved person capable of making an informed decision, the conserved person has no objection to such gift. The court shall give consideration to the following: (A) The medical condition of the conserved person, including the prospect of restoration to capacity; (B) the size of the conserved person's estate; (C) the provisions which, in the judgment of the court, such conserved person would have made if such conserved person had been capable, for minimization of income and estate taxes consistent with proper estate planning; and (D) in the case of a trust, whether the trust should be revocable or irrevocable, existing or created by the conservator and court approved. The court should also consider the provisions of an existing estate plan, if any. In the case of a gift or transfer in trust, any transfer to a court-approved trust created by the conservator shall be subject to continuing probate court jurisdiction in the same manner as a testamentary trust including periodic rendering of accounts pursuant to section 45a-177. Notwithstanding any other provision of this section, the court may authorize the creation and funding of a trust that complies with section 1917(d)(4) of the Social Security Act, 42 USC 1396p(d)(4), as from time to time amended. The provisions of this subsection shall not be construed to validate or invalidate any gifts made by a conservator of the estate prior to October 1, 1998.
(f) When determining whether a conservator has breached a fiduciary duty, the Probate Court having jurisdiction over the conservatorship may consider evidence of a conservator's failure to adhere to a provision contained in the standards of practice adopted under subsection (h) of section 45a-77 but such failure shall not, in itself, constitute a breach of fiduciary duty.
(1949 Rev., S. 6878; P.A. 73-34, S. 2; P.A. 77-446, S. 7; P.A. 80-476, S. 131; P.A. 81-349, S. 2, 5; P.A. 83-62; P.A. 85-523, S. 1, 9; P.A. 87-565, S. 2; P.A. 89-211, S. 45; P.A. 92-233, S. 2; P.A. 93-262, S. 1, 87; June 18 Sp. Sess. P.A. 97-2, S. 103, 165; P.A. 98-232, S. 2; P.A. 99-84, S. 28; June Sp. Sess. P.A. 01-2, S. 6, 69; June Sp. Sess. P.A. 01-9, S. 129, 131; P.A. 07-116, S. 19; P.A. 17-7 S. 3.)
History: P.A. 73-34 substituted “spouse” for “husband”, “person” for “woman” and made other changes which had distinguished persons under provisions by sex; P.A. 77-446 imposed deadline for return of inventory, removed provisions which had distinguished between conduct of conservator who is ward's spouse and conduct of other conservator, and added provisions allowing court to require annual accounting and to hold hearing on accounts; P.A. 80-476 divided section into Subsecs., rephrased provisions and substituted “property” for “estate”; P.A. 81-349 added Subsec. (d) requiring the conservator of the estate of any person receiving public or medical assistance to apply any assets exceeding limits set by statute or regulation toward the cost of such person's care; P.A. 83-62 added Subsec. (e) permitting conservator of the estate to pay and distribute gifts of income and principal from estate of ward subject to the approval of the court; P.A. 85-523 amended Subsec. (e) to delete provisions re intent of ward concerning continuation of gifts and added phrase “in the case of ward capable of making an informed decision”; P.A. 87-565 amended Subsec. (a) by changing “return” to “make and file in”, and added provision re appraisal of inventory at fair market value as of date of appointment of conservator and included all property in which ward has interest, including joint bank accounts; P.A. 89-211 clarified reference to the Internal Revenue Code of 1986; Sec. 45-75 transferred to Sec. 45a-655 in 1991; P.A. 92-233 amended Subsec. (d) by adding provisions re limits on amount of income and property applied to support of spouse of ward who is an applicant for or recipient of medical assistance; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; June 18 Sp. Sess. P.A. 97-2 amended Subsec. (d) to make technical and conforming changes re references to assistance and Medicaid, effective July 1, 1997; P.A. 98-232 amended Subsec. (e) to provide notice to Commissioner of Social Services, to permit court to authorize conservator to make gifts and other transfers of income from estate of ward to existing or court-approved trust for benefit of individuals, including ward, charities, trusts or other institutions, and to provide criteria for determining whether gift to charity will be permitted and the nature of the trust and continuing jurisdiction of Probate Court; P.A. 99-84 amended Subsec. (a) by deleting “oath” and inserting “penalty of false statement”; June Sp. Sess. P.A. 01-2 amended Subsec. (d) to make technical changes and delete provisions prohibiting application of certain income or property to support of ward's spouse, effective July 1, 2001; June Sp. Sess. P.A. 01-9 revised effective date of June Sp. Sess. P.A. 01-2 but without affecting this section; P.A. 07-116 substituted “conserved person” for “ward”, amended Subsec. (a) to provide that conservator shall use least restrictive means of intervention in exercise of duties and authority, and made technical changes; P.A. 17-7 amended Subsec. (a) by adding provision re conservator to be guided by standards of practice adopted under Sec. 45a-77(h), added Subsec. (f) re Probate Court determination as to whether conservator breached fiduciary duty, and made technical changes in Subsecs. (a), (b) and (e), effective July 1, 2018.
See Sec. 17b-261b re Probate Court's responsibility to cooperate with Department of Social Services concerning applications for spousal support.
See Secs. 45a-166, 45a-660 re distribution of proceeds from sale of real estate.
See Sec. 45a-203 re investment of funds held by the trustees, guardians or conservators.
See Sec. 45a-595 re investment of funds in insurance and annuity contracts by conservator or guardian of estate.
Annotations to former section 45-75:
When ward is sued, reasonable notice should be given conservator. K. 174. Conservator liable for former contract after termination of office. 2 R. 372. Ward may sue in his own name. 3 D. 475. Rights and duties of conservator cease with ward's death. 1 C. 65. Deed executed by ward with consent of conservator held void. 3 C. 231. Conservator may submit claims of ward to arbitration. 12 C. 382. Cannot agree as to disposition of ward's estate after ward's death. 19 C. 596. Probate Court may settle conservator's account after he has gone out of office. 28 C. 274. May enter dwelling of ward without his consent. 29 C. 569. Cannot sue in his name for money lent by ward. 44 C. 121. Cannot bind ward or his estate by contract. 53 C. 119, but see 127 C. 222. May lease ward's real estate. 55 C. 116; 67 C. 195. Conservator not necessary party to action by ward. 66 C. 444. Powers; investments; damages for improper investments. 67 C. 187. Power of conservator to compromise controversy. 71 C. 590; 85 C. 52. Liability of estate for necessaries furnished ward. 72 C. 167. Ward can still take title to property. 82 C. 151. Power to borrow on credit of estate; liability for misuse of funds. 85 C. 279. Entry by administrator of ward to prosecute action brought by conservator in his own name. 91 C. 681. Conservator not liable for unnecessary wearing apparel furnished without his knowledge or approval to ward's wife. 93 C. 36. Care and management of ward's estate primarily entrusted to Probate Court; conservator in many respects an agent of court. 115 C. 330. Title to federal veterans benefits coming into conservator's possession vests in ward. Id., 331. Conservator has implied power to make contracts so far as they are involved in exercise of powers expressly granted. 127 C. 222. Nothing in section to indicate conservator may bind ward's estate to implied contract without express Probate Court approval. 155 C. 119. Cited. 168 C. 498; 199 C. 524; 202 C. 57; 209 C. 390.
Cited. 11 CA 297.
Cited. 20 CS 262.
Annotations to present section:
Court overruled trial court to hold that at time of the creation of trust at issue, Probate Court had authority to authorize establishment of such a trust. 247 C. 686. First use of “notwithstanding” in Subsec. (d) indicates legislature's desire to carve out an exception to the authority under Subsec. (b) of the Probate Court and conservator when a person has sought or is receiving medical assistance, insofar as it limits court's authority to award support to the amount approved by Department of Social Services pursuant to federal law. 328 C. 294.
Cited. 42 CA 70. Right of recovery under negligence theory recognized against defendant conservator even where no probate bond obtained, and trial court improperly granted summary judgment; defendant owed plaintiff nursing home duty of care to take steps necessary to secure payment for care of conserved person and harm to plaintiff from defendant's failure to timely submit Medicaid applications was foreseeable. 185 CA 340.
Subsec. (a):
Complaint of plaintiff, a state licensed nursing home, stated legally sufficient cause of action under Sec. 45a-144 against defendant conservator, and plaintiff had right to bring action on probate bond to recover loss it suffered as a result of defendant's breach of duties under this Subsec. and Sec. 45a-656(a), as conservator of estate and of person, to ensure timely payment for services rendered by plaintiff; Sec. 45a-144(a) provides cause of action for three separate categories of plaintiff, including any person aggrieved “in his own right” and, accordingly, complaint stated legally sufficient cause of action. 257 C. 531. Legislature did not intend to allow a person who has voluntarily sought a conservator to retain joint control over the matters delegated to the conservator's authority. 341 C. 815.
Although Subsec. does not expressly provide that a conservator may initiate a declaratory judgment action questioning the validity of a trust created by a voluntarily conserved person and created without the former conservator having obtained Probate Court approval, such power is reasonably implied from Subsec. and from case law. 186 CA 482; judgment affirmed, see 341 C 815.
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Sec. 45a-656. (Formerly Sec. 45-75a). Duties of conservator of the person. Determinations re breach of fiduciary duty. (a) The conservator of the person shall have the duties and authority expressly assigned by the court pursuant to section 45a-650, which duties and authority may include: (1) The duty and responsibility for the general custody of the conserved person; (2) the authority to establish the conserved person's residence within the state, subject to the provisions of section 45a-656b; (3) the authority to give consent for the conserved person's medical or other professional care, counsel, treatment or service; (4) the duty to provide for the care, comfort and maintenance of the conserved person; (5) the authority to execute a written document in advance of the conserved person's death, in accordance with section 45a-318, directing the disposition of the conserved person's body upon the death of such person or designating an individual to have custody and control of the disposition of such person's body upon the death of such person; and (6) the duty to take reasonable care of the conserved person's personal effects.
(b) In carrying out the duties and authority assigned by the court, the conservator of the person shall be guided by the standards of practice adopted under subsection (h) of section 45a-77 and shall exercise such duties and authority in a manner that is the least restrictive means of intervention. The conservator shall (1) assist the conserved person in removing obstacles to independence, (2) assist the conserved person in achieving self-reliance, (3) ascertain the conserved person's views, (4) make decisions in conformance with the conserved person's reasonable and informed expressed preferences, (5) make all reasonable efforts to ascertain the health care instructions and other wishes of the conserved person, and (6) make decisions in conformance with (A) the conserved person's expressed health care preferences, including health care instructions and other wishes, if any, described in section 19a-580e, or validly executed health care instructions described in section 19a-580g, or (B) a health care decision of a health care representative described in subsection (b) of section 19a-580e, except under a circumstance set forth in subsection (b) of section 19a-580e. The conservator shall afford the conserved person the opportunity to participate meaningfully in decision-making in accordance with the conserved person's abilities and shall delegate to the conserved person reasonable responsibility for decisions affecting such conserved person's well-being.
(c) The conservator shall report at least annually to the Probate Court that appointed the conservator regarding the condition of the conserved person, the efforts made to encourage the independence of the conserved person and the conservator's statement on whether the appointment of the conservator is the least restrictive means of intervention for managing the conserved person's needs. The duties, responsibilities and authority assigned pursuant to section 45a-650 or set forth in this section shall be carried out within the resources available to the conserved person, either through the conserved person's own estate or through private or public assistance.
(d) The conservator of the person shall not have the power or authority to cause the respondent to be committed to any institution for the treatment of the mentally ill except under the provisions of sections 17a-75 to 17a-83, inclusive, 17a-456 to 17a-483, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, inclusive, 17a-615 to 17a-618, inclusive, and 17a-621 to 17a-664, inclusive, and chapter 359.
(e) When determining whether a conservator has breached a fiduciary duty, the Probate Court having jurisdiction over the conservatorship may consider evidence of a conservator's failure to adhere to a provision contained in the standards of practice adopted under subsection (h) of section 45a-77 but such failure shall not, in itself, constitute a breach of fiduciary duty.
(P.A. 77-446, S. 8; P.A. 80-476, S. 132; P.A. 94-27, S. 13, 17; P.A. 05-155, S. 1; P.A. 07-73, S. 2(a); 07-116, S. 20; P.A. 14-204, S. 3; P.A. 17-7, S. 4; P.A. 18-86, S. 47, 48; P.A. 22-69, S. 28.)
History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-75a transferred to Sec. 45a-656 in 1991; P.A. 94-27 amended Subsec. (b) to delete reference to Secs. 17a-580 to 17a-603, inclusive, effective July 1, 1994; P.A. 05-155 amended Subsec. (a) to substitute “the ward's” for “his”, and added new Subsec. (c) re duties if the conservator determines it is necessary to place the ward in an institution for long-term care; pursuant to P.A. 07-73 “Department of Mental Retardation” was changed editorially by the Revisors to “Department of Developmental Services” in Subsec. (c), effective October 1, 2007; P.A. 07-116 substituted “authority” for “power”, substituted “conserved person” for “ward” and “respondent”, amended Subsec. (a) to insert “the duties and authority expressly assigned by the court pursuant to section 45a-650, which duties and authority may include” and provide that powers are subject to Sec. 45a-656b, inserted new Subsec. (b) re exercise of duties, designated existing reporting requirements as Subsec. (c) and amended same to require report to include efforts made to encourage independence and statement on whether appointment of conservator is least restrictive means of intervention, redesignated existing Subsec. (b) as Subsec. (d), deleted former Subsec. (c) re placement of ward in institution for long-term care, and made technical changes; P.A. 14-204 amended Subsec. (a) by adding new Subdiv. (5) re conservator's authority to execute written document in advance of conserved person's death re disposition or custody and control of body and redesignating existing Subdiv. (5) as Subdiv. (6); P.A. 17-7 amended Subsec. (b) by adding provision re conservator to be guided by standards of practice adopted under Sec. 45a-77(h), added Subsec. (e) re Probate Court determination as to whether conservator breached fiduciary duty, and made technical changes in Subsecs. (b) and (c), effective July 1, 2018; P.A. 18-86 amended Subsec. (d) by replacing reference to Sec. 17a-576 with reference to Sec. 17a-575, effective June 4, 2018, and July 1, 2018; P.A. 22-69 amended Subsec. (d) by replacing “17a-484” with “17a-483”, effective May 24, 2022.
See Sec. 45a-656b re duties of conservator.
A conservator of the person lacks standing to bring an action on behalf of conserved person to collect debts owed the estate or otherwise protect the ward's estate, but a conservator of the estate would be the proper party to request adjudication of such issues. 132 CA 644.
Subsec. (a):
Complaint of plaintiff, a state licensed nursing home, stated legally sufficient cause of action under Sec. 45a-144 against defendant conservator, and plaintiff had right to bring action on probate bond to recover loss it suffered as a result of defendant's breach of duties under Sec. 45a-655(a) and this Subsec., as conservator of estate and of person, to ensure timely payment for services rendered by plaintiff; Sec. 45a-144(a) provides cause of action for three separate categories of plaintiff, including any person aggrieved “in his own right” and, accordingly, complaint stated legally sufficient cause of action. 257 C. 531. Under 2005 revision, Probate Court does not have statutory authority to issue injunctive orders to third parties to carry out its decisions on behalf of a conserved person. 304 C. 234.
Complaint re timely spend down of assets was insufficient to support cause of action when plaintiff did not allege a breach of duty under section. 58 CA 1.
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Sec. 45a-656a. Duty of conservator of estate of resident of licensed residential care home re payment of room and board. (a) Any conservator of the estate of a person who is a resident of a licensed residential care home, as defined in section 19a-490, where such conservator is payee on behalf of such person, shall, not later than ten business days after receipt of any income used for room and board, forward payment to the operator of the residential care home for the cost of room and board of such person.
(b) If any such conservator neglects to forward payment to the operator of the home within ten business days as required under subsection (a) of this section for two consecutive months, the operator of the home may petition the court of probate having jurisdiction for removal of the conservator. The court may, after notice and a hearing, remove such conservator.
(P.A. 97-73; 97-112, S. 2; P.A. 98-219, S. 28.)
History: P.A. 97-112 replaced “home for the aged” with “residential care home”; P.A. 98-219 deleted “home for the aged” and inserted “residential care home” and deleted “such benefit” and inserted “income used for room and board”.
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Sec. 45a-656b. Duties of conservator re real and personal property and placement of person under conservatorship. (a)(1) For the purposes of this section: (A) “Institution for long-term care” means a facility that has been federally certified as a skilled nursing facility, an intermediate care facility, a residential care home, an extended care facility, a nursing home, a rest home or a rehabilitation hospital or facility; and (B) “person under conservatorship” means a conserved person or a person under voluntary representation pursuant to section 45a-646.
(2) Except as provided in subsections (b), (c), (d), (e) and (f) of this section, a conservator may not terminate a tenancy or lease of a person under conservatorship, sell or dispose of any real property or household furnishings of the person under conservatorship, or change the residence of the person under conservatorship unless a Probate Court finds, after a hearing, that such termination, sale, disposal or change is necessary or that the person under conservatorship agrees to such termination, sale, disposal or change.
(b) If the conservator determines it is necessary to cause the person under conservatorship to be placed in an institution for long-term care or to change the residence of the person under conservatorship, the conservator shall file a report of the intended placement in an institution for long-term care or change of residence with the Probate Court that appointed the conservator. The court shall hold a hearing to consider the report. If, after the hearing, the conservator obtains permission of the court for the intended placement or change of residence, the conservator may make such a placement or implement such a change of residence. The hearing shall be held not less than five days after the filing of the report, excluding Saturdays, Sundays and holidays, and not less than seventy-two hours before the placement in the institution for long-term care or the change of residence, except that if the placement in an institution for long-term care results from the discharge from a hospital of a person under conservatorship, the conservator may make the placement before filing the report, provided the conservator (1) files the report not later than five days after making such placement, and (2) includes in the report a statement as to the hospital discharge and related circumstances requiring the placement of the person under conservatorship in the institution for long-term care. No such placement made before the filing of the report of the conservator shall continue unless ordered by the Probate Court after a hearing held pursuant to this section.
(c) A report filed under subsection (b) of this section with respect to placement in an institution for long-term care shall set forth the basis for the conservator's determination, what community resources are available and have been considered to avoid the placement, and the reasons why the physical, mental and psychosocial needs of the person under conservatorship cannot be met in a less restrictive and more integrated setting. Such community resources include, but are not limited to, resources provided by the area agencies on aging, the Department of Social Services, the Department of Mental Health and Addiction Services, the Department of Developmental Services, any center for independent living, as defined in section 17a-792, any residential care home or any congregate or subsidized housing. The conservator shall give notice of the placement of the person under conservatorship in an institution for long-term care and a copy of such report to the person under conservatorship, the attorney for the person under conservatorship and any interested parties as determined by the court. Service shall be by first-class mail. The conservator shall provide a certification to the court that service was made in the manner prescribed by this subsection.
(d) The person under conservatorship may, at any time, request a hearing by the court on the person's placement in an institution for long-term care which hearing may determine the availability of a less restrictive alternative for the person's placement. On request of the person under conservatorship made after the initial hearing held under subsection (b) of this section, the court shall hold a hearing on the placement not later than ten days, excluding Saturdays, Sundays and holidays, after receipt by the court of such request. The court shall not be required to conduct a hearing under this subsection more than three times in any twelve-month period following the hearing held under subsection (b) of this section authorizing the initial placement, except that the court shall conduct a hearing whenever information not previously available to the court is submitted with a request for a hearing.
(e) After the initial hearing held under subsection (b) of this section, the court may hold a hearing on a conservator's report and the placement of the person under conservatorship in an institution for long-term care in any case even if no request for a hearing is made.
(f) If the court, after a hearing on the placement of the person under conservatorship in an institution for long-term care, determines that the physical, mental and psychosocial needs of the person under conservatorship can be met in a less restrictive and more integrated setting within the resources available to the person under conservatorship, either through the estate of the person under conservatorship or through private or public assistance, the court shall order that the person under conservatorship be placed and maintained in a less restrictive and more integrated setting.
(g) A person under conservatorship may waive the right to a hearing required under this section if the attorney for the person under conservatorship has consulted with the person under conservatorship and the attorney has filed with the court a record of the waiver. Such a waiver shall be invalid if the waiver does not represent the wishes of the person under conservatorship. If a person under voluntary representation pursuant to section 45a-646 is not represented by an attorney, the court shall conduct a hearing to determine whether the waiver represents the person's wishes.
(P.A. 07-73, S. 2(c); 07-116, S. 21; P.A. 10-32, S. 138; P.A. 13-81, S. 12; P.A. 16-7, S. 3; P.A. 17-96, S. 31.)
History: Pursuant to P.A. 07-73 “Department of Mental Retardation” was changed editorially by the Revisors to “Department of Developmental Services”, effective October 1, 2007; P.A. 10-32 substituted “or” for “and” in Subsec. (h), effective May 10, 2010; P.A. 13-81 amended Subsec. (a) by adding Subdiv. (1) defining “institution for long-term care” and “person under conservatorship” and by designating existing provisions as Subdiv. (2), replaced “conserved person” with “person under conservatorship” and “court of probate” with “Probate Court”, deleted former Subsec. (h) re definition of “institution for long-term care”, and made conforming changes; P.A. 16-7 amended Subsec. (g) by adding provision re waiver of hearing by person under voluntary representation who is not represented by an attorney; P.A. 17-96 amended Subsec. (c) to delete reference to Office of Protection and Advocacy for Persons with Disabilities, effective July 1, 2017.
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Sec. 45a-657. (Formerly Sec. 45-75b). Court to resolve conflicts between conservators. If a person has both a conservator of the person and a conservator of the estate who are not the same person and a conflict arises between the two concerning the duties and responsibilities or authority of either, the matter shall be submitted to the court of probate which appointed the conservators. Upon hearing, the court shall order the course of action which in the court's discretion is in the best interests of the person under conservatorship.
(P.A. 77-446, S. 9; P.A. 80-476, S. 133.)
History: P.A. 80-476 rephrased provisions; Sec. 45-75b transferred to Sec. 45a-657 in 1991.
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Sec. 45a-658. (Formerly Sec. 45-74). Appointment or removal of conservator to be recorded on land records. (a) The court appointing a conservator of the property or person of any person who has been adjudged incapable and who owns real property in this state or any interest in such property or mortgage or lien on such property shall forthwith order the conservator to immediately record, in the land records of each town where the real property is situated, a certificate setting forth the name and residence of the person, the name of the conservator, the date of his appointment and the court by which the appointment was made. Upon the resignation or removal of the conservator, unless another conservator is immediately appointed by the same court to succeed him, the court shall forthwith order the conservator to record in the land records of each town where the real property is situated a certificate setting forth the name and residence of the person and of the conservator, the date of resignation or removal and the court in which the proceedings took place.
(b) The conservator shall record the notice pursuant to the order and, upon failure to do so within two months after the appointment, resignation or removal, shall be fined not more than fifty dollars.
(c) The record in the court of the appointment, resignation or removal of the conservator shall not be constructive notice of the incapacity or capacity of the owner of the real property or of an interest in real property or of a mortgage or lien on such property to make valid contracts relative to such property, until the certificate is recorded as provided in subsection (a) of this section.
(1949 Rev., S. 6877; P.A. 80-476, S. 134; P.A. 91-49, S. 5.)
History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-74 transferred to Sec. 45a-658 in 1991; P.A. 91-49 changed “incompetency or competency” to “incapacity or capacity”.
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Sec. 45a-659. (Formerly Sec. 45-76). Conservator of nonresident's property. (a) If any person not domiciled in this state and owning real property or tangible personal property in this state is incapable of managing his or her affairs, the court of probate for the district in which the property or some part of it is situated may, on the written application of a husband, wife or relative or of a conservator, committee or guardian having charge of the person or estate of the incapable person in the state where the incapable person is domiciled and after notice pursuant to section 45a-649 or such reasonable notice as the court may order, and a hearing as required pursuant to section 45a-650, appoint a conservator of the estate for the real property and tangible personal property in this state of the incapable person pursuant to section 45a-650. If an application for appointment of a conservator is made pursuant to this section, the court of probate may not act on the application until an attorney is appointed to represent the person in the manner set forth in section 45a-649a.
(b) If a conservator of the estate has been appointed for such an incapable person in the state of such person's domicile, (1) the court may, on application of the outof-state conservator to act as conservator for real or tangible personal property of the incapable person in this state, appoint such person as conservator of the estate without a hearing, on presentation to the court of a certified copy of the conservator's appointment in the state of the incapable person's domicile, and (2) if the application is for the appointment of a person other than the out-of-state conservator to act as conservator of the estate, the court, at its hearing on the application, may accept a certified copy of the out-of-state appointment of a conservator as evidence of incapacity. As used in this subsection, a “conservator of the estate” in an out-of-state jurisdiction includes any person serving in the equivalent capacity in such state.
(c) The conservator of the estate for the property in this state shall give a probate bond, and shall, within two months after the date of his or her appointment, make and file in the court of probate, under penalty of false statement, an inventory of all the real property and tangible personal property in this state of the incapable person, appraised or caused to be appraised, by such conservator, at fair market value as of the date of the conservator's appointment.
(d) The proceeds of any sale of the real or tangible personal property, or the tangible personal property itself, may be transferred to the conservator, committee or guardian having charge of the person and estate of the incapable person in the state where the incapable person is domiciled, following the application and proceedings which are required by section 45a-635.
(1949 Rev., S. 6879; P.A. 80-476, S. 136; P.A. 87-565, S. 3; P.A. 94-24; P.A. 99-84, S. 29; P.A. 07-116, S. 22.)
History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 87-565 amended Subsec. (b) by adding provision re appraisal of inventory of all property in this state of incapable person at fair market value at date of appointment of conservator; Sec. 45-76 transferred to Sec. 45a-659 in 1991; P.A. 94-24 amended Subsec. (a) by changing “residing” to “domiciled” and “property” to “real property or tangible personal property” and adding requirement of notice and hearing prior to appointment of conservator, inserted new Subsec. (b) re appointment of conservator of the estate in an out-of-state jurisdiction as conservator for real or tangible property of the incapable person in this state, relettering former Subsecs. (b) and (c) accordingly, amended Subsec. (c) by changing “property” to “real property or tangible personal property” and deleting provision re order of probate court re sale of property, and amended Subsec. (d) by changing “the sale of both real and personal property” to “any sale of either real property or tangible personal property, or both”; P.A. 99-84 amended Subsec. (c) by deleting “oath” and inserting “penalty of false statement”; P.A. 07-116 amended Subsec. (a) to substitute “not domiciled in this state” for domiciled out of state, and provide that court may not act on application until an attorney is appointed, and amended Subsec. (d) to provide that tangible personal property itself may be transferred.
See Sec. 52-60 re appointment of judge of probate as attorney for nonresident fiduciary.
Annotation to former section 45-76:
Cited. 154 C. 249.
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Sec. 45a-660. (Formerly Sec. 45-77). Termination of conservatorship. Review of conservatorship by court. (a)(1) A conserved person may, at any time, petition the Probate Court having jurisdiction for the termination of a conservatorship. A petition for termination of a conservatorship shall be determined by a preponderance of the evidence. The conserved person shall not be required to present medical evidence at such a hearing. A hearing on the petition shall be held not later than thirty days after the date the petition was filed in the Probate Court, unless the hearing is continued for good cause. If such hearing is not held within such thirty-day period or continuance period, if applicable, the conservatorship shall terminate. If the Probate Court having jurisdiction finds a conserved person to be capable of caring for himself or herself, the court shall, upon hearing and after notice, order that the conservatorship of the person be terminated. If the court finds upon hearing and after notice which the court prescribes, that a conserved person is capable of managing his or her own affairs, the court shall order that the conservatorship of the estate be terminated and that the remaining portion of the conserved person's property be restored to the conserved person. Unless the court determines that reinstatement is not in the best interests of the conserved person, the court shall order the reinstatement of any authority of any agent under a power of attorney that was previously limited or suspended by the court because of the conservatorship. (2) If the court finds upon hearing and after notice which the court prescribes that a conserved person has no assets of any kind remaining except for that amount allowed by subsection (c) of section 17b-80, the court may order that the conservatorship of the estate be terminated. The court shall thereupon order distribution of the remaining assets to the conservator of the person or, if there is no conservator or the conservator declines or is unable to accept or the conservator is the Commissioner of Social Services, to some suitable person, to be determined by the court, to hold for the benefit of the conserved person, upon such conservator or person giving such probate bond, if any, as the court orders. (3) If any conserved person having a conservator dies, the conserved person's property other than property which has accrued from the sale of the conserved person's real property shall be delivered to the conserved person's executor or administrator. The unexpended proceeds of the conserved person's real property sold as aforesaid shall go into the hands of the executor or administrator, to be distributed as such real property would have been.
(b) (1) In any case under subsection (a) of this section the conservator shall file in the court the conservator's final account, and the court shall audit the account and allow the account if it is found to be correct. If the conserved person is living, the conserved person and the conserved person's attorney, if any, shall be entitled to notice by first class mail of any hearing held on the final account. (2) The court of probate having jurisdiction shall send written notice annually to the conserved person and the conserved person's attorney that the conserved person has a right to a hearing under this section. Upon receipt of request for such hearing the court shall set a time and date for the hearing, which date shall not be more than thirty days from the receipt of the request unless continued for cause shown.
(c) The court shall review each conservatorship not later than one year after the conservatorship was ordered, and not less than every three years after such initial one-year review. After each such review, the court shall continue, modify or terminate the order for conservatorship. The court shall receive and review written evidence as to the condition of the conserved person. The conservator and a physician licensed to practice medicine in this state shall each submit a written report to the court not more than forty-five days after the court's request for such report, except that for a person with intellectual disability, as defined in section 1-1g, a psychologist licensed pursuant to chapter 383 may submit such written report in lieu of a physician. On receipt of a written report from the conservator or a physician or psychologist, as the case may be, the court shall provide a copy of the report to the conserved person and the attorney for the conserved person. If the conserved person is unable to request or obtain an attorney, the court shall appoint an attorney. If the conserved person is unable to pay for the services of the attorney, the reasonable rates of compensation of such attorney shall be established by, and the attorney shall be paid from funds appropriated to, the Judicial Department. If funds have not been included in the budget of the Judicial Department for such purposes, such rates of compensation shall be established by the Probate Court Administrator and the attorney shall be paid from the Probate Court Administration Fund. The physician or psychologist, as the case may be, shall examine the conserved person not more than forty-five days prior to the date of submission of the physician's or psychologist's report. Any physician's or psychologist's report filed with the court pursuant to this subsection shall be confidential. The court may issue an order for the disclosure of medical information or psychological information received pursuant to this subsection, except that the court shall issue an order for the disclosure of such information to the conserved person's attorney. Not later than thirty days after receipt of the conservator's report and the physician's or psychologist's report, as the case may be, the attorney for the conserved person shall notify the court that the attorney has met with the conserved person and shall inform the court as to whether a hearing is being requested. Nothing in this section shall prevent the conserved person or the conserved person's attorney from requesting a hearing at any other time as permitted by law.
(d) If the court finds, after receipt of the reports from the attorney for the conserved person, the physician or psychologist, as the case may be, and the conservator, by clear and convincing evidence, that the conserved person continues to be incapable of managing his or her affairs or continues to be incapable of caring for himself or herself, as the case may be, and that there are no less restrictive means available to assist the conserved person in managing his or her affairs or caring for himself or herself, as the case may be, the court shall continue or modify the conservatorship under the terms and conditions of the appointment of the conservator under section 45a-650. If the court does not make such a finding of continued incapacity by clear and convincing evidence, the court shall terminate the conservatorship. A hearing on the condition of the conserved person shall not be required under this subsection, except that the court may hold a hearing in its discretion and shall hold a hearing if the conserved person, conserved person's attorney or conservator requests a hearing, in which case the court shall hold a hearing within thirty days of such request.
(1949 Rev., S. 6880; 1967, P.A. 196, S. 1; P.A. 77-446, S. 12; P.A. 80-476, S. 137; P.A. 84-271, S. 7; P.A. 86-195, S. 2; P.A. 87-97; 87-565, S. 4; P.A. 91-71, S. 1; P.A. 93-262, S. 1, 87; P.A. 96-170, S. 18, 23; P.A. 97-90, S. 5, 6; P.A. 04-142, S. 5; P.A. 07-116, S. 23; P.A. 14-121, S. 2; P.A. 15-240, S. 53; P.A. 16-40, S. 8, 9; P.A. 17-91, S. 13.)
History: 1967 act deleted requirement for “public notice”, requiring only such notice as court prescribes; P.A. 77-446 rephrased provisions to distinguish between person's ability to care for himself and his ability to manage his affairs and added provision requiring that ward, if living, and his attorney be entitled to notice of any hearing on any final account; P.A. 80-476 rephrased provisions and substituted “property” for “estate”; P.A. 84-271 required the court of probate to send written notice annually to the ward or his or her attorney of the right to a hearing, to set a time and date for a hearing upon request, and to hold a hearing at least once in every five-year period; P.A. 86-195 added provision re notice of hearing once every five years by certified mail, return receipt requested, in lieu of personal service; P.A. 87-97 divided section into Subsecs. added provision re termination of conservatorship if ward has no remaining assets except for amount allowed under Subsec. (c) of Sec. 17-82d and distribution of such assets; P.A. 87-565 amended Subsec. (a) adding “if there is no conservator or the conservator declines or is unable to accept or the conservator is the commissioner of human resources”; Sec. 45a-77 transferred to Sec. 45a-660 in 1991; P.A. 91-71 amended Subsec. (b) by deleting language requiring that court hold hearing at least once in every five years in manner provided in Secs. 45a-649 and 45a-650, except notice may be by certified mail in lieu of personal service, and added Subsecs. (c) and (d) requiring conservatorship review hearings at least every three years, receipt and review of written evidence as to condition of ward, prepared by conservator, physician and attorney for ward, provided if court determines that there has been no change in the condition of ward since last review, no hearing shall be required, but the court, it is discretion, may hold such hearing or such hearing shall be held upon request of the attorney, physician or conservator; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; (Revisor's note: In 1997 the reference in Subsec. (c) to “Probate Administration Fund” was changed editorially by the Revisors to “Probate Court Administration Fund” to conform section to Sec. 45a-82); P.A. 96-170 amended Subsec. (c) by changing funding of compensation of counsel from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 97-90 revised effective date of P.A. 96-170 but without affecting this section; P.A. 04-142 amended Subsec. (c) by adding provisions re confidentiality of physician's report filed with the court and re court order for disclosure of required medical information and by making technical changes; P.A. 07-116 substituted “conserved person” for “ward”, “first class mail” for “regular mail”, and “reasonable rates of compensation” for “reasonable compensation”, amended Subsec. (a) re conserved person's ability to petition at any time for termination of conservatorship and hearing on such petition, amended Subsec. (c) to substitute review of conservatorship not later than one year after order, and not less than every three years after first review, for review every three years, delete requirement that attorney for ward submit written report, provide that on receipt of written report from conservator or physician, court shall provide copy to conserved person and attorney, and insert requirements re order for disclosure of medical information to conserved person's attorney and notice and time of hearing, amended Subsec. (d) to require clear and convincing evidence that conserved person continues to be incapable and there be no less restrictive means available for care of conserved person in order for conservatorship to be continued or modified, and replace provision re hearing held on request of physician with provision re hearing held on request of conserved person, and made technical changes; P.A. 14-121 amended Subsec. (c) to add provision re psychologist may submit written report in lieu of physician for person with intellectual disability, and made technical and conforming changes in Subsecs. (c) and (d); P.A. 15-240 amended Subsec. (a)(1) by adding provision re court may order reinstatement of any authority of any agent under power of attorney that was previously limited, suspended or terminated by the court because of conservatorship, effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 53, from July 1, 2016, to October 1, 2016, effective May 27, 2016, and amended Subsec. (a)(1) by deleting provision re court order of reinstatement of authority of agent under power of attorney that was previously terminated by the court because of conservatorship and by making a technical change, effective October 1, 2016; P.A. 17-91 amended Subsec. (a)(1) by replacing “may order” with “shall order” re court reinstatement of authority of agent under power of attorney that was previously limited or suspended by the court because of conservatorship, adding “unless the court determines that reinstatement is not in the best interests of the conserved person” and making technical changes, effective July 1, 2017.
Annotations to former section 45-77:
Failure of court to appoint successor to conservator who resigned and return of possession of property to ward held to terminate conservatorship. 113 C. 606. Cited. 192 C. 479; 209 C. 260.
Cited. 2 CA 251.
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Sec. 45a-661. (Formerly Sec. 45-77a). Transfer of records upon relocation of person under representation. When any person under voluntary or involuntary representation becomes a settled inhabitant of any town in the state in a probate district other than the one in which a conservator was appointed, and is an actual resident in such district, the Probate Court in which the conservator was appointed shall, upon motion of the conservator, the person under conservatorship, the first selectman or the chief executive officer of the town in which the person under conservatorship resides or the husband or wife or a relative of the person under conservatorship, transfer the file to the probate district in which the person under conservatorship resides at the time of the application, if the court determines that the requested transfer is the preference of the person under conservatorship. Upon issuance of an order to transfer a file under this section, the transferring court shall transmit a digital image of each document in the court file to the transferee court using the document management system maintained by the Office of the Probate Court Administrator. The transferee court shall thereupon assume jurisdiction over the conservatorship.
(P.A. 77-446, S. 11; P.A. 80-476, S. 138; P.A. 05-26, S. 1; P.A. 14-103, S. 14; P.A. 17-136, S. 13.)
History: P.A. 80-476 made minor changes in wording; Sec. 45-77a transferred to Sec. 45a-661 in 1991; P.A. 05-26 added “the person under conservatorship” re persons who may initiate a motion to transfer file and made a technical change; P.A. 14-103 added provision re court determination that requested file transfer is the preference of person under conservatorship and made technical changes; P.A. 17-136 replaced provision re copying and delivering documents with provision re transferring court to transmit digital image of each document in court file to transferee court using document management system maintained by Office of the Probate Court Administrator, and made technical changes effective January 1, 2018.
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Sec. 45a-662. (Formerly Sec. 45-77b). Conveyance of property by order of court. The court of probate in which a conservator has been appointed may, concurrently with courts of equity, order such conservator to convey the interest of the conserved person in any real property which ought in equity to be conveyed to another person.
(P.A. 80-476, S. 139; P.A. 07-116, S. 27.)
History: Sec. 45-77b transferred to Sec. 45a-662 in 1991; P.A. 07-116 deleted reference to incapable person, substituted “conserved person” for “ward” and made technical changes.
Annotation to former section 45-77b:
Cited. 208 C. 606.
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Sec. 45a-663. Compensation of conservator if conserved person is unable to pay. If a conserved person is unable to pay for the services of a conservator appointed pursuant to the provisions of sections 45a-593 to 45a-700, inclusive, the reasonable compensation of such conservator shall be paid from the Probate Court Administration Fund established under section 45a-82, pursuant to rules and regulations and at rates established by the Probate Court Administrator.
(P.A. 92-46, S. 1; P.A. 07-116, S. 28.)
History: P.A. 07-116 substituted “conserved person” for “ward”.
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Secs. 45a-664 to 45a-666. Reserved for future use.
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Sec. 45a-667. Short title: Connecticut Uniform Adult Protective Proceedings Jurisdiction Act. Sections 45a-667 to 45a-667v, inclusive, may be cited as the “Connecticut Uniform Adult Protective Proceedings Jurisdiction Act”.
(P.A. 12-22, S. 1.)
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Sec. 45a-667a. Definitions. As used in sections 45a-667 to 45a-667v, inclusive:
(1) “Adult” means an individual who is at least eighteen years of age.
(2) “Conservator of the estate” means (A) a conservator of the estate, as defined in section 45a-644, or (B) a person, except a hospital or nursing home facility, appointed by a court outside of this state to manage the property of an adult.
(3) “Conservator of the person” means (A) a conservator of the person, as defined in section 45a-644, or (B) a person, except a hospital or nursing home facility, appointed by a court outside of this state to make decisions regarding the person of an adult.
(4) “Conservator of the person order” means (A) an order appointing a conservator of the person pursuant to part IV of this chapter, or (B) an order by a court outside of this state appointing a conservator of the person.
(5) “Conservator of the person proceeding” means (A) a judicial proceeding held pursuant to part IV of this chapter in which an order for the appointment of a conservator of the person is sought or has been issued, or (B) a judicial proceeding held outside of this state in which an order for the appointment of a conservator of the person is sought or has been issued.
(6) “Involuntary representation” means involuntary representation, as defined in section 45a-644.
(7) “Party” means the respondent, petitioner, conservator of the person or conservator of the estate or any other person allowed by a court to participate in a conservator of the person proceeding or a conservator of the estate proceeding.
(8) “Person”, except as used in the term “conserved person”, means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
(9) “Conserved person” means a conserved person, as defined in section 45a-644, or an adult for whom a conservator of the person or conservator of the estate has been appointed in a judicial proceeding outside of this state.
(10) “Conservator of the estate order” means (A) an order appointing a conservator of the estate pursuant to part IV of this chapter, (B) an order by a court outside of this state appointing a conservator of the estate, or (C) any other order by a court related to the management of the property of an adult.
(11) “Conservator of the estate proceeding” means (A) a judicial proceeding held pursuant to part IV of this chapter, or (B) a judicial proceeding held outside of this state in which a conservator of the estate order is sought or has been issued.
(12) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(13) “Respondent” means a respondent, as defined in section 45a-644, or an adult for whom the appointment of a conservator of the person or a conservator of the estate order is sought outside of this state.
(14) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe or any territory or insular possession subject to the jurisdiction of the United States.
(P.A. 12-22, S. 2.)
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Sec. 45a-667b. Applicability. (a) Sections 45a-644, 45a-648, 45a-649 and 45a-667 to 45a-667v, inclusive, apply to conservator of the person proceedings and conservator of the estate proceedings begun on or after October 1, 2012.
(b) Sections 45a-667 to 45a-667f, inclusive, and sections 45a-667p to 45a-667v, inclusive, apply to conservator of the person proceedings and conservator of the estate proceedings begun before October 1, 2012, regardless of whether a conservator of the person order or conservator of the estate order has been issued.
(P.A. 12-22, S. 3.)
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Sec. 45a-667c. Treatment of foreign country. A court of probate may treat a foreign country as if it were a state for the purpose of applying sections 45a-667 to 45a-667q, inclusive, and sections 45a-667u and 45a-667v.
(P.A. 12-22, S. 4.)
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Sec. 45a-667d. Communication with court in another state. Recording of communication. (a) A court of probate may communicate with a court in another state concerning a proceeding arising under sections 45a-667 to 45a-667v, inclusive, or part IV of this chapter. The court of probate shall allow the parties to participate in the communication.
(b) The court of probate shall make an audio recording of the communication.
(c) The court of probate shall grant the parties access to the audio recording of the communication.
(d) Notwithstanding the provisions of subsections (a) and (b) of this section, courts of probate may communicate concerning schedules, calendars, court records and other administrative matters without making a record or allowing the parties to participate in the communication.
(e) Nothing in this section shall limit any party's right to present facts and legal arguments before a decision on jurisdiction is entered pursuant to the provisions of sections 45a-667g to 45a-667o, inclusive.
(P.A. 12-22, S. 5.)
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Sec. 45a-667e. Request for assistance made to or received from a court of another state. (a) In a proceeding for involuntary representation in this state, a court of probate may request, to the extent permitted or required by the laws of this state, the appropriate court of another state to do any of the following:
(1) Hold an evidentiary hearing;
(2) Order a person in that state to produce evidence or give testimony pursuant to the procedures of that state;
(3) Order that an evaluation or assessment be made of the respondent, subject to the provisions of section 45a-132a;
(4) Order any appropriate investigation of a person involved in a proceeding;
(5) Forward to the court of probate a certified copy of the transcript or other record of a hearing under subdivision (1) of this subsection, or any other proceeding, any evidence otherwise produced under subdivision (2) of this subsection, and any evaluation or assessment prepared in compliance with an order issued under subdivision (3) or (4) of this subsection;
(6) Issue an order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or conserved person, subject to the provisions of subsection (e) of section 45a-649, subsection (e) of section 45a-650 or subsection (g) of section 45a-656b; or
(7) Issue an order authorizing the release of medical, financial, criminal or other relevant information in that state, including protected health information as defined in 45 CFR 160.103, as amended from time to time, subject to the provisions of subsection (g) of section 45a-649a.
(b) If a court of another state in which a conservator of the person proceeding or conservator of the estate proceeding is pending requests assistance of the kind provided in subsection (a) of this section, a court of probate has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request, subject to the laws of this state.
(P.A. 12-22, S. 6.)
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Sec. 45a-667f. Testimony taken in another state. Evidence transmitted by technological means. (a) In a proceeding for involuntary representation in this state, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. A court of probate on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(b) In a proceeding for involuntary representation in this state, a court of probate may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of probate shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(c) Documentary evidence transmitted from another state to a court of probate by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
(P.A. 12-22, S. 7.)
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Sec. 45a-667g. Jurisdiction: Definitions; significant connection factors. (a) As used in this section and sections 45a-667h to 45a-667o, inclusive:
(1) “Emergency” means a circumstance that will result in immediate and irreparable harm to the mental or physical health or financial or legal affairs of the respondent and includes a circumstance in which a temporary conservator of the person or temporary conservator of the estate may be appointed and may serve under subsection (a) of section 45a-654;
(2) “Home state” means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a conservator of the estate order or the appointment of a conservator of the person, or, if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition;
(3) “Significant-connection state” means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available.
(b) In determining under section 45a-667i and subsection (e) of section 45a-667p whether a respondent has a significant connection with a particular state, the court shall consider:
(1) The location of the respondent's family and other persons required to be notified of the conservator of the person proceeding or conservator of the estate proceeding;
(2) The length of time the respondent at any time was physically present in the state and the duration of any absence;
(3) The location of the respondent's property; and
(4) The extent to which the respondent has ties to the state such as voter registration, state or local tax return filing, vehicle registration, driver's license, social relationship and receipt of services.
(P.A. 12-22, S. 8.)
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Sec. 45a-667h. Involuntary representation: Determination of jurisdiction. Hearing required. A proceeding for involuntary representation in this state shall be subject to the provisions of part IV of this chapter, except that (1) jurisdiction shall be determined in accordance with sections 45a-667g to 45a-667o, inclusive, and (2) the court of probate shall grant the parties the opportunity to present facts and legal arguments before issuing a decision on jurisdiction.
(P.A. 12-22, S. 9.)
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Sec. 45a-667i. Determination of jurisdiction re appointment of conservator. A court of probate in this state has jurisdiction to appoint a conservator of the person or conservator of the estate for a respondent pursuant to part IV of this chapter if:
(1) This state is the respondent's home state;
(2) On the date a petition for involuntary representation is filed, this state is a significant-connection state, and:
(A) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum; or
(B) The respondent has a home state, a petition for appointment of a conservator of the person or issuance of a conservator of the estate order is not pending in a court of that state or another significant-connection state, and, before the court makes the appointment or issues the order:
(i) A petition for an appointment or order is not filed in the respondent's home state;
(ii) An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and
(iii) The court of probate concludes that it is an appropriate forum under the factors set forth in subsection (c) of section 45a-667l;
(3) A court of probate in this state does not have jurisdiction under subdivision (1) or (2) of this subsection, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the statutes of this state and the Constitution of this state and the Constitution of the United States; or
(4) The requirements for special jurisdiction under section 45a-667j are met.
(P.A. 12-22, S. 10.)
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Sec. 45a-667j. Temporary conservators. Special jurisdiction. (a) Except as provided in subsections (b) and (c) of this section, a court of probate lacking jurisdiction under subdivisions (1) to (3), inclusive, of section 45a-667i has special jurisdiction to do any of the following if the court of probate makes the necessary findings set forth in subdivisions (1) to (3), inclusive, of subsection (a) of section 45a-654:
(1) Appoint a temporary conservator of the person or a temporary conservator of the estate in an emergency pursuant to subsection (a) of section 45a-654 for a term not exceeding sixty days for a respondent who is physically present in this state; or
(2) Appoint a temporary conservator of the person or a temporary conservator of the estate for a conserved person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to those in section 45a-667p.
(b) If a petition for the appointment of a temporary conservator of the person or a temporary conservator of the estate in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
(c) In any proceeding under this section, the court of probate shall hold a hearing, in the manner set forth in section 45a-654, upon written request of the respondent or person subject to the order in the proceeding.
(P.A. 12-22, S. 11; P.A. 18-45, S. 19; P.A. 19-32, S. 11.)
History: P.A. 18-45 replaced “an application” with “a petition” in Subsec. (b); P.A. 19-32 replaced “application” with “petition” in Subsec. (b).
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Sec. 45a-667k. Exclusive and continuing jurisdiction. Exceptions. Except as otherwise provided in section 45a-667j, a court that has appointed a conservator of the person or issued a conservator of the estate order consistent with the requirements of sections 45a-667 to 45a-667v, inclusive, and part IV of this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.
(P.A. 12-22, S. 12.)
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Sec. 45a-667l. Declination of jurisdiction if court of another state is more appropriate forum. (a) A court of probate having jurisdiction under section 45a-667i to appoint a conservator of the person or to issue a conservator of the estate order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.
(b) If a court of probate declines to exercise its jurisdiction under subsection (a) of this section, the court of probate shall either dismiss the proceeding or stay the proceeding for not more than ninety days to allow for a petition to be filed in a more appropriate forum that has jurisdiction to appoint a conservator of the person or issue a conservator of the estate order.
(c) In determining whether it is an appropriate forum, the court of probate shall consider all relevant factors, including:
(1) Any expressed preference of the respondent;
(2) Whether abuse, neglect or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect or exploitation;
(3) The length of time the respondent was physically present in or was a legal resident of this or another state;
(4) The distance of the respondent from the court in each state;
(5) The financial circumstances of the respondent's estate;
(6) The nature and location of the evidence;
(7) The ability of the court in each state to decide the issue in accordance with due process of law and without undue delay;
(8) The procedures necessary to present evidence;
(9) The familiarity of the court of each state with the facts and issues in the proceeding; and
(10) If an appointment were made, the court's ability to monitor the conduct of the conservator of the person or conservator of the estate within this state and outside of this state, if applicable.
(d) The court shall make specific written findings as to the basis for its determination of appropriate forum.
(P.A. 12-22, S. 13.)
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Sec. 45a-667m. Declination of jurisdiction due to unjustifiable conduct of a party. Assessment against party. (a) If at any time a court of probate determines that it acquired jurisdiction to appoint a conservator of the person or issue a conservator of the estate order because of unjustifiable conduct of a party, the court shall:
(1) Decline to exercise jurisdiction and dismiss the case if the court has not entered an order in the case; or
(2) Rescind any order issued in the case and dismiss the case, except that, prior to dismissing the case, the court may exercise limited jurisdiction for not more than ninety days for the limited purpose of fashioning an appropriate remedy to avoid immediate and irreparable harm to the mental or physical health or financial or legal affairs of the person for whom a conservator of the person was appointed or who was subject to the conservator of the estate order to prevent a repetition of the unjustifiable conduct.
(b) A court of probate that determines it has acquired or maintained jurisdiction because a party seeking or having sought to invoke its jurisdiction engaged in unjustifiable conduct may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, medical examination expenses, witness fees and expenses, and travel expenses. The court may not assess fees, costs or expenses of any kind against this state or a governmental subdivision, agency or instrumentality of this state unless authorized by law other than sections 45a-667 to 45a-667v, inclusive.
(P.A. 12-22, S. 14.)
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Sec. 45a-667n. Notice re petition when this state is not respondent's home state. If a petition for involuntary representation is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of section 45a-649, notice of the petition shall be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice shall be given in the same manner as notice is required to be given under section 45a-649.
(P.A. 12-22, S. 15.)
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Sec. 45a-667o. Petitions for involuntary representation filed in more than one state. Except for a petition for the appointment of a temporary conservator of the person or a temporary conservator of the estate in an emergency under subdivision (1) of subsection (a) of section 45a-667j, if a petition for involuntary representation is filed in this state and a petition for appointment of a conservator of the person or issuance of a conservator of the estate order is filed in another state and neither petition has been dismissed or withdrawn, the following rules apply:
(1) If the court of probate has jurisdiction under section 45a-667i, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to those in section 45a-667i before the appointment or issuance of the order.
(2) If the court of probate does not have jurisdiction under subdivision (1) or (2) of section 45a-667i, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court of probate shall dismiss the petition unless the court in the other state determines that the court of probate is a more appropriate forum and jurisdiction in this state is consistent with the statutes of this state and the Constitution of this state and the Constitution of the United States.
(P.A. 12-22, S. 16.)
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Sec. 45a-667p. Transfer of conservatorship to another state. (a) Except for an individual under voluntary representation as provided in section 45a-646, a conserved person, a conserved person's attorney, a conservator of the person or a conservator of the estate appointed in this state or any person who has received notice pursuant to subdivision (2) of subsection (a) of section 45a-649 may petition a Probate Court to transfer the conservatorship of the person or the conservatorship of the estate, or both, to another state.
(b) Notice of a petition under subsection (a) of this section shall be given to the persons that would be entitled to notice of a petition in this state for the appointment of a conservator of the person or conservator of the estate, or both.
(c) On the court's own motion or on request of the conserved person, the conserved person's attorney, the conservator of the person or the conservator of the estate or other person required to be notified of the petition, the court of probate shall hold a hearing on a petition filed pursuant to subsection (a) of this section.
(d) The court of probate shall issue a provisional order granting a petition to transfer a conservatorship of the person and shall direct the conservator of the person to petition for conservatorship of the person in the other state if the court of probate is satisfied that the conservatorship of the person will be granted by the court in the other state and the court finds that:
(1) The conserved person is physically present in or is reasonably expected to move permanently to the other state;
(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the conserved person, including the reasonable and informed expressed preferences of the conserved person;
(3) Plans for care and services for the conserved person in the other state are reasonable and sufficient, have been made after allowing the conserved person the opportunity to participate meaningfully in decision making in accordance with the conserved person's abilities, and include assisting the conserved person in removing obstacles to independence, assisting the conserved person in achieving self-reliance, ascertaining the conserved person's views, making decisions in conformance with the reasonable and informed expressed preferences of the conserved person, and making all reasonable efforts to make decisions in conformance with the conserved person's expressed health care preferences, including health care instructions and other wishes, if any, described in any validly executed health care instructions or otherwise; and
(4) If the transfer involves the termination of a tenancy or lease of a conserved person, the sale or disposal of any real property or household furnishings of the conserved person, a change in the conserved person's residence or the placement of the conserved person in an institution for long-term care, as defined in section 45a-656b, the requirements in section 45a-656b have been met.
(e) The court of probate shall issue a provisional order granting a petition to transfer a conservatorship of the estate and shall direct the conservator of the estate to petition for conservatorship of the estate in the other state if the court of probate is satisfied that the conservatorship of the estate will be accepted by the court of the other state and the court finds that:
(1) The conserved person is physically present in or is reasonably expected to move permanently to the other state, or the conserved person has a significant connection to the other state considering the factors set forth in subsection (b) of section 45a-667g;
(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the conserved person, including the reasonable and informed expressed preferences of the conserved person;
(3) Adequate arrangements will be made for management of the conserved person's property, and that such arrangements will be made in accordance with subsection (a) of section 45a-655; and
(4) The transfer is made in accordance with section 45a-656b.
(f) The court of probate shall issue a final order confirming the transfer and terminating the conservatorship of the person or conservatorship of the estate on its receipt of:
(1) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to those in section 45a-667q; and
(2) The documents required to terminate a conservatorship of the person or conservatorship of the estate in this state.
(P.A. 12-22, S. 17; P.A. 13-81, S. 15.)
History: P.A. 13-81 amended Subsec. (a) to substitute reference to Sec. 45a-646 for reference to Sec. 45a-647 and substitute “Probate Court” for “court of probate”, effective June 5, 2013.
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Sec. 45a-667q. Acceptance of conservatorship transferred from another state. (a) To confirm the transfer of a conservatorship of the person or a conservatorship of the estate transferred to this state under provisions similar to those in section 45a-667p, the conservator of the person or conservator of the estate shall petition the court of probate to accept the conservatorship of the person or conservatorship of the estate. The petition shall include a certified copy of the other state's provisional order of transfer.
(b) Notice of a petition under subsection (a) of this section shall be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a conservator of the person or issuance of a conservator of the estate order in both the transferring state and this state. The notice shall be given in the same manner as notice is required to be given under section 45a-649.
(c) On the court's own motion or on request of the conservator of the person, the conservator of the estate, the conserved person or other person required to be notified of the proceeding, the court of probate shall hold a hearing on a petition filed pursuant to subsection (a) of this section.
(d) The court of probate shall issue a provisional order granting a petition filed under subsection (a) of this section unless:
(1) An objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the conserved person, including the reasonable and informed expressed preferences of the conserved person; or
(2) The conservator of the person or conservator of the estate is ineligible for appointment as a conservator of the person or conservator of the estate in this state.
(e) The court of probate shall issue a final order accepting the proceeding and appointing the conservator of the person as conservator of the person in this state or appointing the conservator of the estate as conservator of the estate in this state on its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to those in section 45a-667p transferring the proceeding to this state.
(f) Not later than thirty days before the issuance of a final order accepting the transfer of a conservatorship of the person or conservatorship of the estate to this state, the court of probate shall ensure that (1) the conserved person is represented by counsel in accordance with the provisions of section 45a-649a, and (2) such person receives notice of his or her rights under the laws of this state with respect to such transfer.
(g) Not later than ninety days after the issuance of a final order accepting transfer of a conservatorship of the person or conservatorship of the estate to this state, the court of probate shall determine whether the conservatorship of the person or conservatorship of the estate needs to be modified to conform to the laws of this state, and, if so, the court of probate shall order such modifications.
(h) In granting a petition under this section, the court of probate shall recognize a conservatorship of the person order or conservatorship of the estate order from the other state, including the determination of the conserved person's incapacity and the appointment of the conservator of the person or conservator of the estate.
(i) The denial by a court of probate of a petition to accept a conservatorship of the person or conservatorship of the estate transferred from another state does not affect the ability of the conservator of the person or conservator of the estate to seek involuntary representation under section 45a-648 if the court has jurisdiction to grant the involuntary representation other than by reason of the provisional order of transfer.
(j) The granting by a court of probate of a petition to accept a conservatorship of the person or conservatorship of the estate transferred from another state shall:
(1) Grant to the conserved person the same rights as if such person had originally had a conservator of the person or conservator of the estate appointed under part IV of this chapter, including, but not limited to, the right to review and termination of appointment of a conservator under section 45a-660; and
(2) Impose upon the conservator of the person or conservator of the estate the same responsibilities and duties imposed upon a conservator of the person or conservator of the estate under the laws of this state.
(P.A. 12-22, S. 18.)
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Sec. 45a-667r. Registration of conservator of the person order from another state. (a) If a conservator of the person has been appointed in another state and a petition for the appointment of a conservator of the person is not pending in this state, the conservator of the person appointed in the other state, after giving notice to the appointing court of an intent to register the conservator of the person order in this state, may register the conservator of the person order in this state as a conservatorship of the person by filing, as a foreign judgment, certified copies of the order and letters of office in the court of probate in the district in which the conserved person resides, is domiciled or is located at the time of the filing of the certified copies.
(b) Each court of probate shall maintain a registry, accessible by the public, of conservator of the person orders registered under subsection (a) of this section.
(P.A. 12-22, S. 19.)
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Sec. 45a-667s. Registration of conservator of the estate order from another state. (a) If a conservator of the estate has been appointed in another state and a petition for the appointment of a conservator of the estate is not pending in this state, the conservator of the estate appointed in the other state, after giving notice to the appointing court of an intent to register the conservator of the estate order in this state, may (1) register the conservator of the estate order in this state as a conservator of the estate order by filing, as a foreign judgment, certified copies of the order and letters of office and of any bond in the court of probate in the district in which the conserved person resides, is domiciled or is located at the time of the filing of the certified copies, and (2) file certified copies of the conservator of the estate order with the town clerk of the town in which any real property of the conserved person is located for recording on the land records.
(b) Each court of probate shall maintain a registry, accessible by the public, of conservator of the estate orders registered under subsection (a) of this section.
(P.A. 12-22, S. 20.)
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Sec. 45a-667t. Effect of registration of conservatorship order from another state. (a) On registration in this state under section 45a-667r of a conservator of the person order from another state or under section 45a-667s of a conservator of the estate order from another state, the conservator may exercise in this state all powers authorized in the order of appointment, except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the conservator is not a resident of this state, subject to any conditions imposed on nonresident parties. The registration of a conservator of the person order under section 45a-667r shall lapse one hundred twenty days after such registration, except that the registration may be extended for good cause for an additional one hundred twenty days by the court of probate in this state having jurisdiction over the location within this state where the person under the conservator of the person order resides, is domiciled or is located.
(b) A court of probate or, to the extent it lacks jurisdiction, the Superior Court may grant any relief available under sections 45a-644, 45a-648, 45a-649 and 45a-667 to 45a-667v, inclusive, and other law of this state to enforce a registered order.
(P.A. 12-22, S. 21.)
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Sec. 45a-667u. Uniformity of application and construction. In applying and construing the provisions of sections 45a-644, 45a-648, 45a-649 and 45a-667 to 45a-667v, inclusive, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact such uniform provisions, consistent with the need to protect individual civil rights and in accordance with due process.
(P.A. 12-22, S. 22.)
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Sec. 45a-667v. Relation of act to Electronic Signatures in Global and National Commerce Act. This section and sections 45a-644, 45a-648, 45a-649 and 45a-667 to 45a-667u, inclusive, modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq., but do not modify, limit or supersede Section 101 of said act, 15 USC 7001(a), or authorize electronic delivery of any of the notices described in Section 103 of said act, 15 USC 7003(b).
(P.A. 12-22, S. 23.)
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*Cited. 230 C. 828.
Sec. 45a-668. (Formerly Sec. 45-320). Continuation of service of persons appointed prior to October 1, 1982, as guardians or limited guardians of persons with mental retardation. Section 45a-668 is repealed, effective May 4, 2004.
(P.A. 82-337, S. 1; P.A. 03-51, S. 1; P.A. 04-54, S. 8; 04-257, S. 71.)
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Sec. 45a-669. (Formerly Sec. 45-321). Definitions. As used in sections 45a-669 to 45a-683, inclusive:
(1) “Plenary guardian” means a person, legally authorized state official, corporation, limited liability company, partnership or other entity recognized under the laws of this state, whether or not operated for profit, except a hospital, nursing home facility, as defined in section 19a-521, or residential care home, as defined in section 19a-521, appointed by a Probate Court pursuant to the provisions of sections 45a-669 to 45a-683, inclusive, to supervise all aspects of the care of an adult person, as enumerated in subsection (d) of section 45a-677, for the benefit of such adult, who by reason of the severity of intellectual disability, has been determined to be totally unable to meet essential requirements for his or her physical health or safety and totally unable to make informed decisions about matters related to his or her care.
(2) “Legally competent” means having the legal power to direct one's personal and financial affairs. All persons in this state eighteen years of age and over are legally competent unless determined otherwise by a court in accordance with the provisions of sections 45a-669 to 45a-683, inclusive, or unless otherwise provided by law.
(3) “Limited guardian” means a person, legally authorized state official, corporation, limited liability company, partnership or other entity recognized under the laws of this state, whether or not operated for profit, except a hospital or nursing home, as defined in section 19a-521, appointed by a Probate Court pursuant to the provisions of sections 45a-669 to 45a-683, inclusive, to supervise certain specified aspects of the care of an adult person, as enumerated in subsection (d) of section 45a-677, for the benefit of such adult, who by reason of the severity of intellectual disability, has been determined to be able to do some, but not all, of the tasks necessary to meet essential requirements for his or her physical health or safety or to make some, but not all, informed decisions about matters related to his or her care.
(4) “Intellectual disability” has the same meaning as provided in section 1-1g.
(5) “Respondent” means an adult person for whom a petition for guardianship or limited guardianship of the person has been filed.
(6) “Unable to meet essential requirements for his or her physical health or safety” means the inability through one's own efforts and through acceptance of assistance from family, friends and other available private and public sources, to meet one's needs for medical care, nutrition, clothing, shelter, hygiene or safety so that, in the absence of a guardian, serious physical injury, illness or disease is likely to occur.
(7) “Unable to make informed decisions about matters related to his or her care” means the inability of a person with intellectual disability to achieve a rudimentary understanding, after conscientious efforts at explanation, of information necessary to make decisions about his or her need for physical or mental health care, food, clothing, shelter, hygiene, protection from physical abuse or harm, or other care.
(8) “Unable to manage his or her finances” means the inability of a person with intellectual disability to receive and evaluate information or make or communicate decisions to such an extent that the person is unable, even with appropriate assistance, to perform the functions inherent in managing his or her finances.
(9) “Protected person” means a person for whom a guardianship is granted under sections 45a-669 to 45a-683, inclusive.
(P.A. 82-337, S. 2; P.A. 86-323, S. 1; P.A. 03-51, S. 2; P.A. 11-129, S. 20; P.A. 13-208, S. 59; P.A. 16-49, S. 1; P.A. 17-136, S. 18.)
History: P.A. 86-323 substituted “plenary guardian” for “guardian”, “all aspects of care of an adult person as enumerated in Subsec. (d) of Sec. 45-329 for the benefit of such adult” for “the care of an adult person” and the definition of “unable to meet essential requirements for his physical health or safety” for “unable to care for one's self”; Sec. 45-321 transferred to Sec. 45a-669 in 1991; P.A. 03-51 substituted “person with mental retardation” for “mentally retarded person”; (Revisor's note: In 2005, references to Sec. 45a-668 were changed editorially by the Revisors to Sec. 45a-669 to reflect the repeal of Sec. 45a-668 by P.A. 04-54); pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability”; P.A. 13-208 amended Subdiv. (a) to redefine “plenary guardian of a person with intellectual disability” by adding reference to residential care home and making technical changes, effective July 1, 2013; P.A. 16-49 deleted references to Sec. 45a-684, amended Subdiv. (a) to replace “plenary guardian of a person with intellectual disability” with “plenary guardian”, delete reference to private nonprofit and add “limited liability company, partnership or other entity recognized under the laws of this state, whether or not operated for profit,”, amended Subdiv. (c) to replace “limited guardian of a person with intellectual disability” with “limited guardian”, delete reference to private nonprofit and add “limited liability company, partnership or other entity recognized under the laws of this state, whether or not operated for profit,” amended Subdiv. (d) to replace “person with intellectual disability” with “intellectual disability”, amended Subdiv. (e) to replace “an application” with “a petition”, amended Subdiv. (h) to replace “ward” with “protected person”, and made technical and conforming changes; P.A. 17-136 redesignated Subsecs. (a) to (g) as Subdivs. (1) to (7), amended redesignated Subdiv. (4) by replacing “means the condition defined as intellectual disability pursuant to” with “has the same meaning as provided in” added new Subdiv. (8) defining “unable to manage his or her finances”, redesignated Subsec. (h) as Subdiv. (9), and made technical changes, effective January 1, 2018.
Cited. 230 C. 828.
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Sec. 45a-670. (Formerly Sec. 45-322). Petition for guardianship. (a) A petition for guardianship may be filed by any adult person. Any petition filed shall allege that a respondent, by reason of the severity of the respondent's intellectual disability, is unable to meet essential requirements for the respondent's physical health and safety and unable to make informed decisions about matters relating to the respondent's care. Such petition shall be filed in Probate Court in the district in which the respondent resides, is domiciled or is located at the time of the filing of the petition. Such petition shall state: (1) Whether there is, in any jurisdiction, a guardian, limited guardian, or conservator for the respondent; (2) the extent of the respondent's inability to meet essential requirements for the respondent's physical health or safety, and the extent of the respondent's inability to make informed decisions about matters related to the respondent's care; (3) any other facts upon which guardianship is sought; and (4) in the case of a limited guardianship, the specific areas of protection and assistance required for the respondent.
(b) A petition for guardianship may be filed by the parent or guardian of a minor child up to one hundred eighty days prior to the date such child attains the age of eighteen if the parent or guardian anticipates that such minor child will require a guardian upon attaining the age of eighteen. The court may grant such petition in accordance with this section, provided such order shall take effect no earlier than the date the child attains the age of eighteen.
(c) All records of cases related to guardianship under sections 45a-669 to 45a-683, inclusive, shall be confidential and shall not be open to public inspection by or disclosed to any person, except that (1) such records shall be available to (A) the parties in any such case and their counsel, (B) the Department of Developmental Services, and (C) the Office of the Probate Court Administrator; (2) if the court appoints a guardian, the names of the guardian and the protected person shall be public; and (3) the court may, after hearing with notice to the respondent, the respondent's counsel, the guardian and the Department of Developmental Services, permit records to be disclosed for cause shown.
(P.A. 82-337, S. 3; P.A. 86-323, S. 2; P.A. 00-22, S. 2; P.A. 07-73, S. 2(b); P.A. 11-129, S. 1; P.A. 16-49, S. 2; P.A. 21-100, S. 24.)
History: P.A. 86-323 added provision permitting court to file an application for guardianship on its own motion, and requiring such motion to contain statement of facts on which court bases its motion, substituted “unable to meet essential requirements for his physical health and safety” for “incapable of caring for himself” and added requirement that application of guardianship shall contain “any other facts upon which guardianship is sought”; Sec. 45-322 transferred to Sec. 45a-670 in 1991; P.A. 00-22 made technical changes and added provisions re disclosure of the application and records of Probate Court proceedings; pursuant to P.A. 07-73 “Commissioner of Mental Retardation” was changed editorially by the Revisors to “Commissioner of Developmental Services”, effective October 1, 2007; P.A. 11-129 designated existing provisions as Subsec. (a) and amended same to substitute “intellectual disability” for “mental retardation”, and added Subsec. (b) re application for guardianship by parent or guardian up to 180 days prior to child's attaining age eighteen; P.A. 16-49 replaced references to application with references to petition, amended Subsec. (a) to delete provisions re application filed by court on its own motion and records of proceedings to be sealed and added “or is located at the time of the filing of the petition” re district in which respondent is to file petition, added Subsec. (c) re confidentiality of records, and made technical and conforming changes; P.A. 21-100 made a technical change in Subsec. (c), effective July 1, 2021.
Annotation to former section 45-322:
Cited. 9 CA 413.
Annotation to present section:
Cited. 240 C. 766.
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Sec. 45a-671. (Formerly Sec. 45-323). Hearing on petition for guardianship. Notice. (a) Not later than forty-five days after the date of filing a petition for guardianship with the Probate Court, such court shall assign a time and place for hearing such petition. Notwithstanding the provisions of section 45a-7, the court may hold the hearing on the petition at a place within the state other than its usual courtroom if it would facilitate the presence of the respondent. Such court shall cause a citation and notice to be served upon the respondent by personal service made by a state marshal, constable or an indifferent person not less than seven days prior to the date of such hearing.
(b) The court shall direct notice by first class mail to the following: (1) The petitioner; (2) the parents of the respondent; (3) the spouse of the respondent; (4) children of the respondent; (5) the siblings of the respondent or their representatives, if the respondent has no living parents; and (6) the person in charge of the hospital, nursing home, residential facility or other institution in which the respondent may reside.
(c) The court in its discretion may order such notice as it directs to other persons having an interest in the respondent.
(P.A. 82-337, S. 4; P.A. 84-294, S. 5; P.A. 86-323, S. 3; P.A. 00-99, S. 87, 154; P.A. 07-184, S. 4; P.A. 15-217, S. 22; P.A. 16-49, S. 3.)
History: P.A. 84-294 changed notice requirement from “within” to “not less than” seven days prior to hearing date; P.A. 86-323 substituted notice by certified mail to person in charge of hospital, nursing home or other institution in which respondent may reside in lieu of personal service and required court to notify spouse or children of the respondent; Sec. 45-323 transferred to Sec. 45a-671 in 1991; P.A. 00-99 replaced reference to sheriff and deputy sheriff with state marshal in Subsec. (a), effective December 1, 2000; P.A. 07-184 substituted “the filing of such application for guardianship” for “filing such application” in Subsec. (a), substituted “first class mail” for “certified mail” in Subsec. (b), and made technical changes; P.A. 15-217 amended Subsec. (a) by making technical changes, amended Subsec. (b) by adding new Subdiv. (1) re notice to applicant, redesignating existing Subdiv. (1) as Subdiv. (2) and amending same by deleting “, provided the parents are not the applicants”, redesignating existing Subdiv. (2) as Subdiv. (3) and amending same by deleting “, provided the spouse is not the applicant”, redesignating existing Subdiv. (3) as Subdiv. (4), adding Subdiv. (5) re notice to siblings of respondent or their representatives, and redesignating existing Subdiv. (4) as Subdiv. (6), deleted former Subsec. (c) re notice to applicant and siblings of respondent or their representatives, and redesignated existing Subsec. (d) as Subsec. (c), effective January 1, 2016; P.A. 16-49 amended Subsec. (a) to replace “application” with “petition” and made technical and conforming changes.
Annotation to former section 45-323:
Cited. 9 CA 413.
Annotation to present section:
Cited. 230 C. 828.
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Sec. 45a-672. (Formerly Sec. 45-324). Notice of hearing. The notice required by subsection (a) of section 45a-671 shall inform such respondent of (1) whether the guardianship sought is a plenary or a limited guardianship and that the court, notwithstanding which type of guardianship is sought, may appoint a plenary guardian or a limited guardian with such limitations as the court determines; (2) the legal consequences of both plenary and limited guardianships; (3) the facts alleged in the petition and the limitations on the guardian's authority, if any, specifically applied for; and (4) the right to be represented by counsel.
(P.A. 82-337, S. 5; P.A. 86-323, S. 4; P.A. 03-51, S. 3; P.A. 11-129, S. 20; P.A. 16-49, S. 4.)
History: P.A. 86-323 substituted “plenary guardian” for “unlimited guardian”; Sec. 45-324 transferred to Sec. 45a-672 in 1991; P.A. 03-51 substituted “person with mental retardation” for “mentally retarded person” in Subdiv. (1); pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability” in Subdiv. (1); P.A. 16-49 deleted “of the person with intellectual disability” re appointment of plenary or limited guardian in Subdiv. (1) and replaced “application” with “petition” in Subdiv. (3).
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Sec. 45a-673. (Formerly Sec. 45-325). Appointment of counsel. Payment of cost for indigent persons. Unless the respondent is represented by counsel, the court shall immediately appoint counsel for the respondent. If the respondent is indigent or otherwise unable to pay for counsel, the cost for such counsel shall be established by, and paid from funds appropriated to, the Judicial Department, however, if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.
(P.A. 82-337, S. 6; P.A. 90-31, S. 7, 9; P.A. 96-170, S. 19, 23; P.A. 97-90, S. 5, 6.)
History: P.A. 90-31 changed payment of compensation of counsel from funds appropriated to the judicial department to the probate administration fund in an amount established by the probate court administrator; Sec. 45-325 transferred to Sec. 45a-673 in 1991; P.A. 96-170 changed funding of compensation of counsel from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 97-90 revised effective date of P.A. 96-170 but without affecting this section.
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Sec. 45a-674. (Formerly Sec. 45-326). Hearing for appointment of guardian. Evidence. Report by assessment team. Cross-examination of witnesses. Payment of fees for assessment team. Exception to report or testimony requirement. (a) At any hearing for appointment of a plenary guardian or limited guardian, the court shall receive evidence as to the condition of the respondent, including a written report or testimony by a Department of Developmental Services assessment team appointed by the Commissioner of Developmental Services or his or her designee, no member of which is related by blood, marriage or adoption to either the petitioner or the respondent and each member of which has personally observed or examined the respondent within forty-five days next preceding such hearing. The assessment team shall be comprised of at least two representatives from among appropriate disciplines having expertise in the evaluation of persons alleged to have intellectual disability. The assessment team members shall make their report on a form provided for that purpose by the Office of the Probate Court Administrator and shall answer questions on such form as fully and completely as possible. The report shall contain specific information regarding the severity of the intellectual disability of the respondent and those specific areas, if any, in which the respondent needs the supervision and protection of a guardian, and shall state upon the form the reasons for such opinions. The petitioner, respondent or the respondent's counsel shall have the right to present evidence and cross-examine witnesses who testify at any hearing on the petition. If the respondent or the respondent's counsel notifies the court not less than three days before the hearing that he or she wishes to cross-examine the witnesses, the court shall order such witnesses to appear. The fees for such assessment team shall be paid from funds appropriated to the Department of Developmental Services.
(b) The written report or testimony by the assessment team shall not be required for a hearing on the appointment of a plenary guardian or limited guardian if the individual has been determined ineligible for services of the Department of Developmental Services by the commissioner or his or her designee, provided such denial of eligibility is based on the determination that the individual does not have intellectual disability as defined in section 1-1g. A copy of the eligibility determination letter indicating that the basis of ineligibility is the absence of intellectual disability, as defined in section 1-1g, shall be provided to the Probate Court in lieu of a report by the assessment team and no further assessment by the team shall be required.
(P.A. 82-337, S. 7; P.A. 86-323, S. 5; P.A. 03-51, S. 4; P.A. 04-211, S. 1; P.A. 07-73, S. 2(a), (b); P.A. 11-129, S. 9; P.A. 16-49, S. 5; P.A. 18-32, S. 37; P.A. 21-100, S. 25.)
History: P.A. 86-323 substituted “plenary guardian” for “guardian of the mentally retarded person”, substituted an examination by department of mental retardation assessment team in lieu of physician and psychologist, and required examination within 45 days of hearing, and replaced previous provisions re payment of fees by petitioner or mental retardation department if petitioner is indigent with new provision; Sec. 45-326 transferred to Sec. 45a-674 in 1991; (Revisor's note: In 1997 a reference to “Commissioner of the Department of Mental Retardation” was replaced editorially by the Revisors with “Commissioner of Mental Retardation” for consistency with customary statutory usage); P.A. 03-51 substituted “person with mental retardation” for “mentally retarded person”; P.A. 04-211 changed from three to two the minimum number of assessment team members; pursuant to P.A. 07-73 “Commissioner of Mental Retardation” and “Department of Mental Retardation” were changed editorially by the Revisors to “Commissioner of Developmental Services” and “Department of Developmental Services”, effective October 1, 2007; P.A. 11-129 substituted “intellectual disability” for “mental retardation” and “have intellectual disability” for “be mentally retarded”; P.A. 16-49 deleted “of the person with intellectual disability” re appointment of plenary or limited guardian, replaced “applicant” with “petitioner” and made technical and conforming changes; P.A. 18-32 designated existing provisions re hearing for appointment of plenary guardian or limited guardian and assessment team as Subsec. (a), and added Subsec. (b) re when report or testimony by assessment team not required, effective May 24, 2018; P.A. 21-100 made a technical change in Subsec. (a), effective July 1, 2021.
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Sec. 45a-675. (Formerly Sec. 45-327). Right of respondent to be at hearing. The respondent shall be present at any hearing for his or her guardianship, except that the court may exclude the respondent from such portions of the hearing at which testimony is given which the court determines would be seriously detrimental to his or her emotional or mental condition. Any person having knowledge that the respondent is or will be medicated at that time, shall inform the court of such fact and to the extent he or she knows the same, shall inform the court of the common effects of such medication.
(P.A. 82-337, S. 8; P.A. 16-49, S. 6.)
History: Sec. 45-327 transferred to Sec. 45a-675 in 1991; P.A. 16-49 made technical changes.
Cited. 230 C. 828.
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Sec. 45a-676. (Formerly Sec. 45-328). Appointment of plenary guardian or limited guardian. (a) If the court finds, by clear and convincing evidence, that the respondent is, by reason of the severity of the respondent's intellectual disability, totally unable to meet essential requirements for the respondent's physical health or safety and totally unable to make informed decisions about matters related to the respondent's care, the court shall appoint a plenary guardian or plenary coguardians who shall have all those powers and duties provided for in section 45a-677.
(b) If the court finds by clear and convincing evidence that the respondent is able to do some, but not all, of the tasks necessary to meet essential requirements for the respondent's physical health or safety or that the respondent is able to make some, but not all, informed decisions about matters related to the respondent's care, the court shall appoint a limited guardian or limited coguardians.
(c) For the purposes of sections 45a-669 to 45a-683, inclusive, any alleged inability of the respondent must be evidenced by recent behavior that would cause harm or create a risk of harm, by clear and convincing proof.
(d) The court shall take from any such plenary guardian or limited guardian a written acceptance of such guardianship and, if the court deems it necessary for the protection of the respondent, a probate bond.
(e) The court shall make written findings of fact that support each grant of authority to the plenary guardian or limited guardian. If the court in reaching its conclusion is relying on incidents of behavior that occurred more than six months prior to the date of hearing, the court findings shall include its reasoning for relying upon such incidents.
(f) In selecting a plenary guardian or limited guardian, the court shall be guided by the best interests of the respondent, including, but not limited to, the preference of the respondent as to who should be appointed as plenary guardian or limited guardian.
(g) No person shall be excluded from serving as a plenary guardian or limited guardian solely because such person is employed by the Department of Developmental Services, except that (1) no such employee may be appointed as a plenary guardian or limited guardian of a person residing in a state-operated residential facility for persons with intellectual disability located in the Department of Developmental Services region in which such person is employed; and (2) no such employee shall be so appointed unless no other suitable person to serve as plenary guardian or limited guardian can be found. Any appointment of an employee of the Department of Developmental Services as a plenary guardian or limited guardian shall be made for a limited purpose and duration. During the term of appointment of any such employee, the Commissioner of Developmental Services shall search for a suitable person who is not an employee of the department to replace such employee as plenary guardian or limited guardian.
(h) No person shall be excluded from serving as a plenary guardian or limited guardian solely because such person is employed by a private facility funded or licensed by the Department of Developmental Services, except that (1) no such employee may be appointed as a plenary guardian or limited guardian of a person residing in a residential facility in which such employee is employed, and (2) no such employee shall be so appointed unless no other suitable person to serve as plenary guardian or limited guardian can be found.
(i) No person shall be excluded from serving as a plenary guardian or limited guardian solely because such person is licensed by the Department of Developmental Services to operate a community companion home, except that (1) no such licensee, nor any of such licensee's relatives or household members, may be appointed as a plenary guardian or limited guardian of a person residing in a community companion home operated by such licensee, and (2) no such licensee shall be so appointed unless no other suitable person to serve as plenary guardian or limited guardian can be found.
(P.A. 82-337, S. 9; P.A. 83-420, S. 1; P.A. 85-310, S. 1; P.A. 86-323, S. 6; P.A. 03-51, S. 5; P.A. 04-257, S. 108; P.A. 05-10, S. 19; 05-288, S. 152; P.A. 07-73, S. 2(a), (b); 07-238, S. 6; P.A. 10-36, S. 3; P.A. 11-16, S. 35; 11-129, S. 20; P.A. 16-49, S. 7.)
History: P.A. 83-420 amended Subsec. (e) re appointment of employee of the department of mental retardation as guardian or limited guardian of a mentally retarded person; P.A. 85-310 added references to coguardians and limited coguardians; P.A. 86-323 substituted “meet essential requirements for his physical health or safety” for “care for himself or his personal affairs”; added “plenary” before “guardian”, added provision requiring alleged inability of respondent to be evidenced by recent behavior which would cause harm or create risk of harm, by clear and convincing proof; deleted requirement that court make and furnish findings upon request of respondent and added provision requiring written findings of fact for each grant of authority to guardian and if incidents of behavior recurred more than six months before hearing, court must include reasons for relying on such incidents; Sec. 45-328 transferred to Sec. 45a-676 in 1991; P.A. 03-51 substituted “person with mental retardation” for “mentally retarded person” in Subsecs. (a), (b) and (f); P.A. 04-257 made technical changes in Subsec. (f), effective June 14, 2004; (Revisor's note: In 2005, a reference in Subsec. (c) to Sec. 45a-668 was changed editorially by the Revisors to Sec. 45a-669 to reflect the repeal of Sec. 45a-668 by P.A. 04-54); P.A. 05-10 amended Subsec. (c) to add reference to Sec. 46b-38ii and make a technical change; P.A. 05-288 made technical changes in Subsec. (c), effective July 13, 2005; pursuant to P.A. 07-73 “Commissioner of Mental Retardation” and “Department of Mental Retardation” were changed editorially by the Revisors to “Commissioner of Developmental Services” and “Department of Developmental Services”, effective October 1, 2007; P.A. 07-238 made technical changes in Subsecs. (a), (b), (c) and (e), redesignated provisions allowing employees of Department of Developmental Services to serve as plenary or limited guardians as Subsec. (g), added Subsec. (h) allowing persons employed by private facilities funded or licensed by department to serve as plenary or limited guardians under certain circumstances and added Subsec. (i) allowing community training home licensees to serve as plenary or limited guardians under certain circumstances; P.A. 10-36 amended Subsec. (c) to delete reference to Sec. 46b-38ii; P.A. 11-16 amended Subsec. (i) by substituting “community companion home” for “community training home”, effective May 24, 2011; pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability”; P.A. 16-49 deleted references to person with intellectual disability re guardians and deleted reference to Sec. 45a-684.
Annotation to former section 45-328:
Cited. 215 C. 277.
Annotation to present section:
Cited. 230 C. 828.
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Sec. 45a-677. (Formerly Sec. 45-329). Powers and duties of plenary or limited guardian. Report. Transfer of file. (a) The court may assign to a limited guardian any portion of the duties and powers listed in subsection (d) of this section for those particular areas in which the protected person lacks the capacity to meet the essential requirements for the protected person's physical or mental health or safety.
(b) A limited guardian may also be assigned the duty to assist the protected person in those particular areas in which the capacity of the protected person to meet the essential requirements of such protected person's physical or mental health or safety, protect such protected person's rights, obtain necessary services, or to fulfill such protected person's civil duties is impaired, as well as in other ways not specifically prohibited by sections 45a-669 to 45a-683, inclusive.
(c) A limited guardian shall have only such of the duties and responsibilities and powers of a guardian under subsection (d) of this section as the court shall specify based upon its findings with regard to the individual need of the protected person for supervision. The guardian shall have the duty to report to the Probate Court that appointed such limited guardian at least annually the condition of the protected person. The preceding duties, responsibilities and powers shall be carried out within the limitations of the resources available to the protected person, either through the protected person's own estate or by reason of private or public assistance.
(d) The court may assign to a limited guardian the custody of the protected person for the purpose of exercising any, but not all, of the following limited duties and powers, in order to assist the protected person in achieving self-reliance: (1) To assure and consent to a place of abode outside the natural family home, (2) to consent to specifically designed educational, vocational or behavioral programs, (3) to consent to the release of clinical records and photographs, (4) to assure and consent to routine, elective and emergency medical and dental care, and (5) other specific limited powers to assure and consent to services necessary to develop or regain to the maximum extent possible the protected person's capacity to meet essential requirements. All plenary guardians and limited guardians appointed pursuant to sections 45a-669 to 45a-683, inclusive, shall also have a duty to assure the care and comfort of the protected person within the limitations of their appointment, and within the limitations of the resources available to the protected person either through the protected person's own estate or by reason of private or public assistance.
(e) A plenary guardian or limited guardian shall not have the power or authority: (1) To cause the protected person to be admitted to any institution for treatment of the mentally ill, except in accordance with the provisions of sections 17a-75 to 17a-83, inclusive, 17a-456 to 17a-483, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-575, inclusive, 17a-615 to 17a-618, inclusive, and 17a-621 to 17a-664, inclusive, and chapter 420b; (2) to cause the protected person to be admitted to any training school or other facility provided for the care and training of persons with intellectual disability if there is a conflict concerning such admission between the guardian and the protected person or next of kin, except in accordance with the provisions of sections 17a-274 and 17a-275; (3) to consent on behalf of the protected person to a sterilization, except in accordance with the provisions of sections 45a-690 to 45a-700, inclusive; (4) to consent on behalf of the protected person to psychosurgery, except in accordance with the provisions of section 17a-543; (5) to consent on behalf of the protected person to the termination of the protected person's parental rights, except in accordance with the provisions of sections 45a-706 to 45a-709, inclusive, 45a-715 to 45a-718, inclusive, 45a-724 to 45a-737, inclusive, and 45a-743 to 45a-757, inclusive; (6) to consent on behalf of the protected person to the performance of any experimental biomedical or behavioral medical procedure or participation in any biomedical or behavioral experiment, unless it (A) is intended to preserve the life or prevent serious impairment of the physical health of the protected person, (B) is intended to assist the protected person to regain the protected person's abilities and has been approved for the protected person by the court, or (C) has been (i) approved by a recognized institutional review board, as defined by 45 CFR 46, 21 CFR 50 and 21 CFR 56, as amended from time to time, which is not a part of the Department of Developmental Services, (ii) endorsed or supported by the Department of Developmental Services, and (iii) approved for the protected person by such protected person's primary care physician; (7) to admit the protected person to any residential facility operated by an organization by whom such guardian is employed, except in accordance with the provisions of section 17a-274; (8) to prohibit the marriage or divorce of the protected person; and (9) to consent on behalf of the protected person to an abortion or removal of a body organ, except in accordance with applicable statutory procedures when necessary to preserve the life or prevent serious impairment of the physical or mental health of the protected person.
(f) A plenary guardian or limited guardian shall submit a report to the court: (1) Annually; (2) when the court orders additional reports to be filed; (3) when there is a significant change in the capacity of the protected person to meet the essential requirements for the protected person's physical health or safety; (4) when the plenary guardian or limited guardian resigns or is removed; and (5) when the guardianship is terminated.
(g) Such reports shall be submitted on a form provided by the Office of the Probate Court Administrator and shall contain the following information: (1) Significant changes in the capacity of the protected person to meet the essential requirements for the protected person's physical health or safety; (2) the services being provided to the protected person and the relationship of those services to the individual guardianship plan; (3) the significant actions taken by the limited guardian or plenary guardian during the reporting period; (4) any significant problems relating to the guardianship which have arisen during the reporting period; and (5) whether such guardianship, in the opinion of the guardian, should continue, be modified, or be terminated, and the reasons therefor.
(h) When any protected person becomes a resident of any probate district in this state other than the one in which a guardian was appointed, or becomes a resident of any probate district in this state other than the one to which the guardianship file has been transferred under this section, the court in which the guardianship matter is on file may, upon motion of any person deemed by the court to have sufficient interest in the welfare of the protected person, including, but not limited to, the guardian, the Commissioner of Developmental Services or the commissioner's designee, or a relative of the protected person, transfer the file to the probate district in which the protected person resides at the time of the motion, provided the transfer is in the protected person's best interest. Upon issuance of an order to transfer a file under this section, the transferring court shall transmit a digital image of each document in the court file to the transferee court using the document management system maintained by the Office of the Probate Court Administrator. The transferee court shall thereupon assume jurisdiction over the guardianship.
(i) A plenary guardian or limited guardian and, to the extent appropriate, the protected person shall be the primary decision maker with respect to programs needed by the protected person and policies and practices affecting the well-being of the protected person within the authority granted by the court pursuant to this section, provided any such decision does not conflict with the requirements of section 17a-238. In making any such decision, the plenary guardian or limited guardian shall consult with the protected person and appropriate members of the protected person's family, where possible. A limited guardian shall be the primary decision maker only with respect to such duties assigned to the limited guardian by the court. The provisions of this subsection shall be included in any court order appointing a plenary guardian or limited guardian.
(P.A. 82-337, S. 10; P.A. 83-420, S. 2; P.A. 85-310, S. 2; P.A. 86-323, S. 7; P.A. 94-27, S. 14, 17; P.A. 98-250, S. 3, 39; P.A. 99-41, S. 1, 2; P.A. 01-140, S. 3; P.A. 02-58, S. 1; P.A. 03-51, S. 6; 03-278, S. 97; P.A. 04-257, S. 109; P.A. 07-73, S. 2(a), (b); P.A. 11-129, S. 20; P.A. 16-49, S. 8; P.A. 17-136, S. 14; P.A. 18-86, S. 49; P.A. 21-100, S. 26; P.A. 22-69, S. 29.)
History: P.A. 83-420 amended Subsec. (e)(1) by adding language re conflict between guardian and mentally retarded person or next of kin concerning admission and added Subsec. (e)(6) re admission by employee of department of mental retardation and right to notice and probate court review of persons voluntarily admitted by their guardians pursuant to Sec. 19a-455; P.A. 85-310 amended Subsec. (d) adding “or more limited powers as the court deems appropriate” and added Subsec. (h) re transfer of file of mentally retarded person for whom a guardian has been appointed from one probate court to another; P.A. 86-323 deleted provisions of Subsec. (d) re duties of guardian assigned by court and substituted provision re powers of limited guardian assigned by court, deleted provisions of Subsec. (e) re power or authority that limited guardian or guardian of the mentally retarded person shall not have, and substituted new provision re power or authority that plenary or limited guardian of mentally retarded person shall not have, substituted “plenary” for “guardian” and “ward” for “respondent”, and in Subsec. (h), deleted “the court of probate in which the guardian was appointed shall” and substituted “or becomes a resident of any town in the state to which the guardianship file has been transferred under this section, such court in that district may” and permitted transfer of file on motion of guardian; Sec. 45-329 transferred to Sec. 45a-677 in 1991; P.A. 94-27 amended Subsec. (e) to delete reference to Secs. 17a-580 to 17a-603, inclusive, effective July 1, 1994; P.A. 98-250 amended Subsec. (d) by replacing reference to placement in licensed and unlicensed facilities with reference to placement “outside the natural family home”, deleting “habilitative” and adding “vocational or behavioral” to programs, deleting former Subdivs. (5) re consent to programs and (7) re consent to elective and emergency medical and dental care, including anesthesia, and made technical changes, including renumbering Subdivs., effective July 1, 1998; P.A. 99-41 amended Subsec. (d)(4) by adding “elective and emergency” before “medical and dental care”, effective May 27, 1999; P.A. 01-140 made technical changes in Subsecs. (a) to (h) and added new Subsec. (i) re primary decision maker; P.A. 02-58 amended Subsec. (e)(6) by designating existing exceptions as Subparas. (A) and (B) and adding Subpara. (C) re exception for procedure or experiment approved by recognized institutional review board, endorsed or supported by department and approved by primary care physician; P.A. 03-51 substituted “person with mental retardation” for “mentally retarded person”; P.A. 03-278 made technical changes in Subsecs. (e) and (f), effective July 9, 2003; P.A. 04-257 made a technical change in Subsec. (e)(2), effective June 14, 2004; (Revisor's note: In 2005, references in Subsecs. (b) and (d) to Sec. 45a-668 were changed editorially by the Revisors to Sec. 45a-669 to reflect the repeal of Sec. 45a-668 by P.A. 04-54); pursuant to P.A. 07-73 “Commissioner of Mental Retardation” and “Department of Mental Retardation” were changed editorially by the Revisors to “Commissioner of Developmental Services” and “Department of Developmental Services”, effective October 1, 2007; pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability”; P.A. 16-49 replaced references to respondent and ward with references to protected person, deleted references to person with intellectual disability, deleted references to Sec. 45a-684 in Subsec. (b) and (d), replaced reference to town in the state with reference to probate district in the state and replaced “application” with “motion” re transfer of file to probate district where person resides in Subsec. (h), and made technical and conforming changes; P.A. 17-136 amended Subsec. (h) to replace provision re copying and delivery of documents with provision re transferring court to transmit digital image of each document in court file to transferee court using document management system maintained by Office of the Probate Court Administrator, and made technical changes, effective January 1, 2018; P.A. 18-86 amended Subsec. (e) by replacing reference to Sec. 17a-576 with reference to Sec. 17a-575, effective June 4, 2018; P.A. 21-100 made a technical change in Subsec. (g), effective July 1, 2021; P.A. 22-69 amended Subsec. (e) by replacing “17a-484” with “17a-483”, effective May 24, 2022.
Cited. 230 C. 828; 240 C. 766.
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Sec. 45a-677a. Petition by plenary or limited guardian to manage the finances of a protected person whose assets do not exceed ten thousand dollars. (a) A plenary or limited guardian appointed under section 45a-676 may petition for authority to manage the finances of a protected person whose assets do not exceed ten thousand dollars. The petition shall be filed in the Probate Court that appointed the guardian. If a petition under this section is filed simultaneously with a guardianship petition under section 45a-670, the court may conduct one hearing on both petitions.
(b) The court shall cause notice of a hearing under this section to be given in the manner specified in sections 45a-671 and 45a-672. The protected person is entitled to counsel in accordance with section 45a-673 and has the right to attend the hearing as set forth in section 45a-675.
(c) At a hearing under this section, the court shall receive evidence on the ability of the protected person to manage his or her finances, including a written report or testimony by a Department of Developmental Services assessment team in accordance with section 45a-674.
(d) If the court finds by clear and convincing evidence that (1) the protected person's assets do not exceed ten thousand dollars, and (2) the protected person is unable to manage his or her finances, the court may authorize the plenary or limited guardian to hold and manage all or any part of the protected person's income and assets for the benefit of the protected person and may assign other specific duties to the guardian with respect to the protected person's finances. Except as provided in section 45a-139, or in rules of procedure adopted under section 45a-78, the court shall require a probate bond of the guardian. Unless excused by the court, the guardian shall file an inventory of all assets of the protected person not later than sixty days after the date on which the decree granting authority over the protected person's finances is mailed and shall submit periodic and final accounts in accordance with section 45a-177.
(e) The guardian's authority to manage the finances of the protected person shall terminate on the date on which the assets first exceed ten thousand dollars, provided the court may extend the guardian's authority for a period not to exceed sixty days if a person files a petition to appoint a conservator under sections 45a-644 to 45a-663, inclusive. The guardian shall inform the court, in writing, not later than thirty days after the date on which the protected person's assets first exceed ten thousand dollars.
(P.A. 17-136, S. 19.)
History: P.A. 17-136 effective January 1, 2018.
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Sec. 45a-678. (Formerly Sec. 45-330). Removal of plenary or limited guardian. Any plenary guardian or limited guardian serving in accordance with the provisions of sections 45a-669 to 45a-683, inclusive, may be removed by the Probate Court which appointed such guardian and another person appointed guardian if the court making such appointment, after notice and hearing finds such removal and appointment of a new plenary guardian or limited guardian to be in the best interest of the protected person. In the event a petition for removal has been filed under this section, the attorney of record for the protected person shall have access to all of the records of the respondent.
(P.A. 82-337, S. 11; P.A. 86-323, S. 8; P.A. 03-51, S. 7; P.A. 11-129, S. 20; P.A. 16-49, S. 9; P.A. 19-47, S. 6.)
History: P.A. 86-323 substituted “plenary guardian” for “guardian of the mentally retarded person”; Sec. 45-330 transferred to Sec. 45a-678 in 1991; P.A. 03-51 substituted “person with mental retardation” for “mentally retarded person”; (Revisor's note: In 2005, a reference to Sec. 45a-668 was changed editorially by the Revisors to Sec. 45a-669 to reflect the repeal of Sec. 45a-668 by P.A. 04-54); pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability”; P.A. 16-49 deleted references to person with intellectual disability, deleted reference to Sec. 45a-684, replaced “respondent” with “protected person”, replaced “an application” with “a petition” and made a technical change; P.A. 19-47 deleted “as required in section 45a-671,”.
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Sec. 45a-679. (Formerly Sec. 45-331). Conflicts between plenary guardian, limited guardian, conservator of the estate or person and temporary conservator to be resolved by Probate Court. If a protected person or conserved person has both a plenary guardian or limited guardian and a conservator of the estate or person or a temporary conservator who are not the same person and a conflict arises between the two concerning the duties and responsibilities or authority of either, the matter shall be submitted to the Probate Court making the appointment of such guardian or conservator and such court shall, after a hearing, order the course of action which in its discretion is in the best interest of the protected person or conserved person.
(P.A. 82-337, S. 12; P.A. 86-323, S. 9; P.A. 03-51, S. 8; P.A. 07-116, S. 29; P.A. 11-129, S. 20; P.A. 16-49, S. 10.)
History: P.A. 86-323 substituted “ward” for person and “plenary guardian” for “guardian of the mentally retarded person”, and added “or person or a temporary conservator”; Sec. 45-331 transferred to Sec. 45a-679 in 1991; P.A. 03-51 substituted “person with mental retardation” for “mentally retarded person”; P.A. 07-116 added references to “conserved person”; pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability”; P.A. 16-49 replaced “ward” with “protected person”, deleted reference to person with intellectual disability re plenary or limited guardian and made a technical change.
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Sec. 45a-680. (Formerly Sec. 45-332). Appointment of standby plenary guardian or standby limited guardian. Probate bond. Duties. Confirmation by court. Whenever a Probate Court appoints a plenary guardian or limited guardian, such court may appoint a standby plenary guardian or a standby limited guardian. Such standby shall act if the appointed plenary guardian or limited guardian dies, becomes incapable, or renounces his or her plenary guardianship or limited guardianship. The standby plenary guardian or standby limited guardian shall immediately inform the Probate Court which has jurisdiction over such guardianship of his or her assumption of the guardianship and the reason therefor. The standby guardian, in the event of the guardian's death, incapacity or renunciation, shall, upon furnishing a probate bond if such a bond had been required from the plenary guardian or limited guardian whose duties are being assumed, but without further proceedings, be empowered to assume the duties of his or her office immediately upon the death or adjudication of incompetency of the plenary guardian or limited guardian, subject only to confirmation of his or her appointment by the Probate Court within sixty days following assumption of his or her duties of office.
(P.A. 82-337, S. 13; P.A. 86-323, S. 10; P.A. 03-51, S. 9; P.A. 11-129, S. 20; P.A. 16-49, S. 11.)
History: P.A. 86-323 substituted “plenary guardian” for “guardian of the mentally retarded person” and added provision requiring standby plenary guardian and standby limited guardian to inform court of assumption of guardianship and reason therefor; Sec. 45-332 transferred to Sec. 45a-680 in 1991; P.A. 03-51 substituted “person with mental retardation” for “mentally retarded person”; pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability”; P.A. 16-49 deleted references to person with intellectual disability re appointment of standby plenary or limited guardian and made technical changes.
Cited. 230 C. 828.
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Sec. 45a-681. (Formerly Sec. 45-333). Review of guardianship by court. (a) The court shall review each guardianship at least every three years and shall either continue, modify or terminate the order for guardianship. Pursuant to such review:
(1) The court shall receive and review written evidence as to the condition of the protected person. Except as provided in subdivision (2) of this subsection, the guardian and a Department of Developmental Services professional or, if requested by the protected person or by the court, an assessment team appointed by the Commissioner of Developmental Services or the commissioner's designee shall each submit a written report to the court not later than forty-five days after the court's request for such report.
(2) In the case of a protected person who is functioning adaptively and intellectually within the severe or profound range of intellectual disability, as determined by the Department of Developmental Services, the court shall receive and review written reports as to the condition of the protected person only from the guardian, except that the court may require a Department of Developmental Services professional or assessment team to submit a written report as to the condition of the protected person.
(3) The Department of Developmental Services professional or assessment team shall personally observe or examine the protected person within the forty-five-day period preceding the date it submits any report under subdivision (4) of this subsection.
(4) Each written report shall be submitted to the court not later than forty-five days after the court's request for such report. On receipt of a written report from the guardian or a Department of Developmental Services professional or assessment team, the court shall provide a copy of the report to the attorney for the protected person.
(5) The written report or testimony by the Department of Developmental Services professional or assessment team shall not be required for the court's review of guardianship pursuant to this section if the protected person has been determined ineligible for services of the Department of Developmental Services by the commissioner or his or her designee, provided such denial of eligibility is based on the determination that the individual does not have intellectual disability as defined in section 1-1g. A copy of the eligibility determination letter indicating that the basis of ineligibility is the absence of intellectual disability, as defined in section 1-1g, shall be provided to the court in lieu of a report by the assessment team and no further assessment by the team shall be required.
(6) Not later than thirty days after the attorney for the protected person receives a copy of a report pursuant to subdivision (4) of this subsection, the protected person's attorney shall (A) meet with the protected person concerning the report, and (B) provide written notice to the court (i) that the protected person's attorney has met with the protected person, and (ii) indicating whether a hearing is requested. Nothing in this section shall prevent the protected person or the protected person's attorney from requesting a hearing at any other time as permitted by law.
(7) If the protected person is unable to request or obtain an attorney, the court shall appoint an attorney for the protected person. If the protected person is unable to pay for the services of the attorney, the reasonable compensation of such attorney shall be established by, and paid from funds appropriated to, the Judicial Department; however, if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.
(b) If the court determines, after receipt of the reports from the Department of Developmental Services professional or assessment team and the guardian, and notice from the attorney for the protected person, that there has been no change in the condition of the protected person since the last preceding review by the court, a hearing on the condition of the protected person shall not be required, but the court, in its discretion, may hold such hearing. If the protected person's attorney, the Department of Developmental Services professional or assessment team or the guardian requests a hearing, the court shall hold a hearing within thirty days of such request. No order expanding or reducing the powers and responsibilities of a guardian shall be issued unless such hearing is held.
(P.A. 82-337, S. 14; P.A. 91-71, S. 2; P.A. 96-170, S. 20, 23; P.A. 97-90, S. 5, 6; P.A. 98-250, S. 2, 39; P.A. 03-51, S. 10; P.A. 04-211, S. 2; P.A. 07-73, S. 2(a), (b); P.A. 11-129, S. 20; P.A. 12-66, S. 15; P.A. 16-49, S. 12; P.A. 21-135, S. 5.)
History: Sec. 45-333 transferred to Sec. 45a-681 in 1991; P.A. 91-71 divided section into Subsecs. (a) and (b), deleted language requiring that court hold hearing pursuant to Secs. 45a-671 to 45a-677, inclusive, deleted language prohibiting expansion of powers and responsibilities of guardian unless hearing is held, and added provision requiring receipt and review of written evidence as to condition of ward, prepared by conservator, attorney for ward and a department of mental retardation assessment team, provided if court determines that there has been no change in the conditions of ward since last review, no hearing shall be required, but the court, in its discretion, may hold such hearing or such hearing shall be held upon request of the attorney, conservator or the department of mental retardation assessment team and prohibiting expansion or reduction of powers and responsibilities of guardian unless such hearing is held; (Revisor's note: In 1997 a reference in Subsec. (a) to “Probate Administration Fund” was changed editorially by the Revisors to “Probate Court Administration Fund” to conform section to Sec. 45a-82); P.A. 96-170 amended Subsec. (a) by changing funding of compensation of counsel from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 97-90 revised effective date of P.A. 96-170 but without affecting this section; P.A. 98-250 added “professional” to “assessment team” and required request by the ward or the court for an assessment team report, effective July 1, 1998; P.A. 03-51 substituted “person with mental retardation” for “mentally retarded person” in Subsec. (a); P.A. 04-211 amended Subsec. (a) to add Subdiv. designators and new provision as Subdiv. (2), requiring written reports re ward functioning adaptively and intellectually within severe or profound range of mental retardation only from guardian and attorney for ward unless court requires report from Department of Mental Retardation professional or assessment team, and to make conforming and technical changes; pursuant to P.A. 07-73 “Commissioner of Mental Retardation” and “Department of Mental Retardation” were changed editorially by the Revisors to “Commissioner of Developmental Services” and “Department of Developmental Services”, effective October 1, 2007; pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability” in Subsec. (a); P.A. 12-66 amended Subsec. (a) to insert “Pursuant to such review:”, delete provisions re written report from attorney for ward in Subdivs. (1) and (2), add new Subdiv. (3) re team observation or examination of ward, designate provision in Subdiv. (2) re deadline for submission of report as Subdiv. (4) and amend same by adding provision re providing copy of report to attorney for ward, add Subdiv. (5) re attorney for ward to meet with ward concerning report and provide written notice to the court re such meeting and whether hearing is requested, and redesignate existing Subdiv. (3) as Subdiv. (6) and amend same by deleting provision re team observation or examination of ward, amended Subsec. (b) to delete provision re reports from attorney for ward and add provision re notice from attorney for ward, and made technical changes; P.A. 16-49 replaced references to ward with references to protected person and, in Subsec. (a), deleted “of the person with intellectual disability or limited guardianship of the person with intellectual disability”; P.A. 21-135 amended Subsec. (a) by adding new Subdiv. (5) re written report or testimony by Department of Developmental Services professional or assessment team, and redesignating existing Subdivs. (5) and (6) as Subdivs. (6) and (7), effective July 7, 2021.
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Sec. 45a-682. (Formerly Sec. 45-334). Petition for temporary limited guardian. Notice and hearing. Appointment. (a) A petition for a temporary limited guardian may be filed by any interested party alleging that the respondent is in need of elective surgical, medical or dental procedures or treatment involving the use of general anesthesia, and that by reason of the severity of intellectual disability, he or she is unable to give informed consent to such treatment. Such petition shall include two certificates, one signed by a physician licensed to practice medicine or surgery in this state and one signed by a licensed psychologist, stating that each has, within thirty days prior to the filing of the petition, examined the respondent and in his or her opinion (1) the respondent's condition renders him or her incapable of giving informed consent to said procedure, and (2) without such treatment, the respondent will suffer deterioration of his or her physical or mental health or serious discomfort.
(b) Immediately upon receipt of the petition, the court shall order such notice of the petition and the date and time of hearing as it may direct to the respondent, the respondent's parents or spouse, if any, the Department of Developmental Services and the nonprofit entity designated by the Governor in accordance with section 46a-10b to serve as the Connecticut protection and advocacy system. A hearing shall be held promptly, taking into consideration the condition of the respondent. If, after hearing, the court finds that the respondent by reason of the severity of the respondent's intellectual disability is incapable of giving informed consent to such procedure, and that the respondent will suffer deterioration of the respondent's physical or mental health or serious discomfort if such procedure or treatment, or both, is not ordered, the court may appoint a temporary limited guardian for the purpose of consenting to such procedure or treatment, or both. In making such appointment, the court shall give preference to the parent, next of kin or other person whom the court deems proper. The court may appoint the Commissioner of Developmental Services, or the commissioner's designee, to serve in such capacity if it is unable to find a suitable guardian. The appointment shall not be valid for more than sixty days. A temporary limited guardian shall be subject to all limitations set forth in section 45a-677.
(P.A. 82-337, S. 15; P.A. 85-523, S. 8, 9; P.A. 86-323, S. 11; P.A. 03-278, S. 125; P.A. 07-73, S. 2(b); P.A. 11-129, S. 20; P.A. 16-49, S. 13; P.A. 17-96, S. 32.)
History: P.A. 85-523 amended Subsec. (b) increasing duration of appointment of a temporary limited guardian from not more than 30 days to not more than 60 days; P.A. 86-323 deleted “immediate” before “deterioration” and added “or serious discomfort” in description of respondent's condition and required that hearings be held promptly taking respondent's condition into consideration; Sec. 45-334 transferred to Sec. 45a-682 in 1991; P.A. 03-278 made technical changes in Subsec. (b), effective July 9, 2003; pursuant to P.A. 07-73 “Commissioner of Mental Retardation” was changed editorially by the Revisors to “Commissioner of Developmental Services”, effective October 1, 2007; pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability”; P.A. 16-49 replaced references to application with references to petition and made technical changes; P.A. 17-96 amended Subsec. (b) by replacing reference to Office of Protection and Advocacy for Persons with Disabilities with reference to Department of Developmental Services and the nonprofit entity designated to serve as the Connecticut protection and advocacy system, effective July 1, 2017.
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Sec. 45a-683. (Formerly Sec. 45-335). Immunity from civil liability of plenary guardian, temporary limited guardian or limited guardian. Any plenary guardian, temporary limited guardian or limited guardian who acts in good faith or pursuant to order of a Probate Court pursuant to the provisions of sections 45a-669 to 45a-683, inclusive, shall be immune from civil liability, except that such immunity shall not extend to gross negligence.
(P.A. 82-337, S. 16; P.A. 86-323, S. 12; P.A. 03-51, S. 11; P.A. 11-129, S. 20; P.A. 16-49, S. 14.)
History: P.A. 86-323 applied provisions specifically to “plenary” guardians; Sec. 45-335 transferred to Sec. 45a-683 in 1991; P.A. 03-51 substituted “person with mental retardation” for “mentally retarded person”; (Revisor's note: In 2005, a reference to Sec. 45a-668 was changed editorially by the Revisors to Sec. 45a-669 to reflect the repeal of Sec. 45a-668 by P.A. 04-54); pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability”; P.A. 16-49 deleted “of a person with intellectual disability” re guardians, deleted reference to Sec. 45a-684 and made a technical change.
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Sec. 45a-684. (Formerly Sec. 45-336). Payment of expenses and fees of proceeding for appointment of guardian of person with intellectual disability. Section 45a-684 is repealed, effective July 1, 2016.
(P.A. 82-337, S. 17; P.A. 03-51, S. 12; June Sp. Sess. P.A. 15-5, S. 458; P.A. 16-49, S. 19.)
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Secs. 45a-685 to 45a-689. Reserved for future use.
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Sec. 45a-690. (Formerly Sec. 45-78p). Definitions. For the purposes of sections 45a-690 to 45a-700, inclusive:
(1) “Sterilization” means a surgical or other medical procedure, the purpose of which is to render an individual permanently incapable of procreating;
(2) “Informed consent” means consent that is (A) based upon an understanding of the nature and consequences of sterilization, (B) given by a person competent to make such a decision, and (C) wholly voluntary and free from coercion, express or implied;
(3) “Institution” means a state school or hospital or other residential facility operated or leased by the state of Connecticut; and
(4) “Best interest” shall include all of the following factors: (A) Less drastic alternative contraceptive methods have proved unworkable or inapplicable, (B) the individual is physiologically sexually mature, (C) there is no evidence of infertility, (D) the individual has the capability and a reasonable opportunity for sexual activity, (E) the individual is unable to understand reproduction or contraception and there exists the likely permanence of that inability, (F) the physical or emotional inability to care for a child, (G) the proponents of the sterilization are seeking sterilization in good faith and their primary concern is for the best interests of the respondent rather than their own convenience or the convenience of the public, and (H) in the case of females, procreation would endanger the life or severely impair the health of the individual.
(P.A. 79-543, S. 1, 14; P.A. 82-199, S. 1; P.A. 99-84, S. 6; P.A. 04-29, S. 1; 04-257, S. 97; P.A. 05-288, S. 153.)
History: P.A. 82-199 amended definition of “best interest” to include sexual maturity, no evidence of infertility, inability to understand reproduction or contraception, inability to care for child and good faith and best interest of respondent as primary concern; Sec. 45-78p transferred to Sec. 45a-690 in 1991; P.A. 99-84 amended definition of “sterilization” in Subsec. (a) by adding “or other medical” after “surgical” and adding “permanently” before “incapable of procreating”; P.A. 04-29, effective April 28, 2004, and P.A. 04-257, effective June 14, 2004, both made technical changes; P.A. 05-288 made a technical change in Subdiv. (4)(F), effective July 13, 2005.
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Sec. 45a-691. (Formerly Sec. 45-78q). Sterilization. Requirements. Determination of ability to give informed consent. No person shall undergo sterilization unless such person has attained the age of eighteen years and has given informed consent, in writing, to such sterilization. Whenever any physician has reason to believe a person eighteen years or over is unable to give informed consent, or when a person is in a state institution, no such sterilization shall be performed until it is determined by a probate court that the person involved is able to and has given informed consent. Whenever the court determines, under the provisions of sections 45a-690 to 45a-700, inclusive, that a person has not given informed consent, or whenever a person is under a guardianship or conservatorship, the court shall permit sterilization only upon showing that such operation or procedure is in the best interest of the person.
(P.A. 79-543, S. 2, 14.)
History: Sec. 45-78q transferred to Sec. 45a-691 in 1991.
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Sec. 45a-692. (Formerly Sec. 45-78r). Application for determination of ability to give informed consent to sterilization. An application for a determination of a person's ability to give informed consent to a sterilization procedure may be filed by the person seeking sterilization, the attending physician of the person seeking sterilization, by the director of the institution, or by an interested party and shall state the reason for seeking such determination. Such application shall be filed in the court of probate in the district in which the respondent resides or is domiciled. The application and all records of probate court proceedings held as a result of the filing of such application, except for the name of any guardian of the respondent, shall be sealed and shall be made available only to the respondent or the respondent's counsel or guardian, and to the Commissioner of Developmental Services or the commissioner's designee, unless the Probate Court, after hearing held with notice to the respondent or the respondent's counsel or guardian, and to the commissioner or the commissioner's designee, determines that such application and records should be disclosed for cause shown.
(P.A. 79-543, S. 3, 14; P.A. 00-22, S. 3; P.A. 07-73, S. 2(b).)
History: Sec. 45-78r transferred to Sec. 45a-692 in 1991; P.A. 00-22 made a technical change and added provisions re disclosure of the application and records of Probate Court proceedings; pursuant to P.A. 07-73 “Commissioner of Mental Retardation” was changed editorially by the Revisors to “Commissioner of Developmental Services”, effective October 1, 2007.
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Sec. 45a-693. (Formerly Sec. 45-78s). Hearing. Notice. Upon such application for a determination of ability to give informed consent, such court shall assign a time, not later than thirty days thereafter, and a place for hearing such application. Any hearing held under this section shall be pursuant to sections 51-72 and 51-73. Notwithstanding the provisions of section 45a-7, the court may hold the hearing on said application at a place within the state other than the usual courtroom if it would facilitate the presence of the respondent. Such court shall cause a citation and notice to be served on the following parties at least seven days prior to such hearing date. (1) The court shall direct personal service be made by a state marshal, constable or indifferent person upon the respondent and if the respondent is in a hospital, nursing home, state school or some other institution, in addition to the respondent, upon the chief executive, officer or administrator in such hospital, nursing home, state school or other institution. (2) The court shall order such notice as it directs to the following: (A) The parents of the respondent, if any, (B) the spouse of the respondent, if any, (C) the siblings of such applicant, if any, if the respondent has no living parents, (D) the nonprofit entity designated by the Governor in accordance with section 46a-10b to serve as the Connecticut protection and advocacy system, and (E) such other persons as the court may determine have interest in the respondent.
(P.A. 79-543, S. 4, 14; P.A. 82-199, S. 2; P.A. 00-99, S. 88, 154; P.A. 01-195, S. 29, 181; P.A. 17-96, S. 33.)
History: P.A. 82-199 required that hearings be held pursuant to Secs. 51-72 and 51-73; Sec. 45-78s transferred to Sec. 45a-693 in 1991; P.A. 00-99 replaced reference to sheriff and deputy sheriff with state marshal, effective December 1, 2000; P.A. 01-195 made technical changes, effective July 11, 2001; P.A. 17-96 amended Subdiv. (2)(D) by replacing reference to Office of Protection and Advocacy for Persons with Disabilities with reference to the nonprofit entity designated as the Connecticut protection and advocacy system, effective July 1, 2017.
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Sec. 45a-694. (Formerly Sec. 45-78t). Appointment of counsel to represent respondent. Compensation. Upon the filing of an application for a determination of an individual's ability to give informed consent to sterilization, the court shall appoint legal counsel to represent any respondent who has not selected a counsel to represent such respondent in response to the application. Such legal counsel shall be from a panel of attorneys admitted to practice in this state provided by the Probate Court Administrator in accordance with regulations promulgated by the Probate Court Administrator in accordance with section 45a-77. The reasonable compensation of an appointed legal counsel shall be established by the court. Such compensation shall be charged to the respondent provided, if the court finds such respondent is unable to pay such compensation, it shall be paid from the Probate Court Administration Fund.
(P.A. 79-543, S. 5, 14; P.A. 93-262, S. 1, 87; P.A. 00-166, S. 1; P.A. 01-195, S. 30, 181; P.A. 17-96, S. 34.)
History: Sec. 45-78t transferred to Sec. 45a-694 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 00-166 made a technical change, deleted provision re recommendation of the Department of Consumer Protection and changed payment for compensation of legal counsel from funds appropriated to the Department of Social Services to the Probate Court Administration Fund; P.A. 01-195 made technical changes, effective July 11, 2001; P.A. 17-96 deleted provision re Probate Court Administrator to seek recommendations from Office of Protection and Advocacy for Persons with Disabilities, effective July 1, 2017.
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Sec. 45a-695. (Formerly Sec. 45-78u). Evidence re ability of respondent to give informed consent. Reports by panel members appointed by court. Right of respondent to present evidence and cross-examine witnesses. At any hearing upon such application, the court shall receive evidence concerning the respondent's ability to give informed consent. Such evidence shall include, but shall not be limited to, reports in writing signed under penalty of false statement from an interdisciplinary team of at least three impartial panel members appointed by the court from a panel of physicians, psychologists, educators and social and residential workers who have personally observed, examined or worked with such respondent at some time during the twelve months preceding such hearing. Such appointments shall be made in accordance with regulations to be promulgated by the Probate Court Administrator in accordance with section 45a-77. The reasonable compensation of such appointed panel members shall be established by the court. Such compensation shall be charged to the respondent provided, if the court finds such respondent is unable to pay such compensation, it shall be paid from the Probate Court Administration Fund. Each such appointed panel member shall make his or her written report under penalty of false statement on a separate form provided for that purpose by the court and shall answer such questions as may be set forth on such form as fully and completely as reasonably possible. The reports shall contain specific information regarding the respondent's ability to give informed consent and shall indicate the specific aspects of informed consent which the respondent lacks. Each such appointed panel member shall state upon the forms the reasons for his or her opinion. Such respondent or his or her counsel shall have the right to present evidence and cross-examine witnesses who testify at any hearing on the application. If such respondent or his or her counsel notifies the court not less than three days before the hearing that he or she wishes to cross-examine the appointed panel members, the court shall order such members to appear.
(P.A. 79-543, S. 6, 14; P.A. 89-144, S. 14; P.A. 99-84, S. 30; P.A. 00-166, S. 2; P.A. 01-195, S. 31, 181.)
History: P.A. 89-144 substituted office of protection and advocacy for persons with disabilities for office of protection and advocacy for handicapped and developmentally disabled persons; Sec. 45-78u transferred to Sec. 45a-695 in 1991; P.A. 99-84 deleted “sworn” and inserted “signed under penalty of false statement”; P.A. 00-166 deleted provision that required Office of Protection and Advocacy for Persons with Disabilities to provide panel, changed provision for payment of compensation of panel from funds appropriated to advocacy office to Probate Court Administration Fund and changed responsibility for forms from advocacy office to probate court; P.A. 01-195 made a technical change, effective July 11, 2001.
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Sec. 45a-696. (Formerly Sec. 45-78v). Respondent to be present at hearing on ability to give informed consent to sterilization. The respondent shall be present at any hearing regarding his or her ability to give informed consent to sterilization. The court shall inquire at the time of hearing as to the types and effects of any medication being administered to or taken by the respondent.
(P.A. 79-543, S. 7, 14.)
History: Sec. 45-78v transferred to Sec. 45a-696 in 1991.
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Sec. 45a-697. (Formerly Sec. 45-78w). Informed consent. Refusal of sterilization. If the court does not find that the respondent is able to give informed consent, such court shall retain its jurisdiction and shall determine whether such sterilization is in the best interest of the respondent. Notwithstanding the finding of the court, the respondent can refuse sterilization, provided the court concludes that the respondent understands the nature and consequences of such refusal.
(P.A. 79-543, S. 8, 14.)
History: Sec. 45-78w transferred to Sec. 45a-697 in 1991.
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Sec. 45a-698. (Formerly Sec. 45-78x). Application by guardian or conservator for consent to sterilization. Whenever sterilization is sought of a person under guardianship or conservatorship, application for consent to sterilization shall be filed in Probate Court by the guardian, conservator or other interested party. Notification and appointment of legal counsel shall be carried out pursuant to sections 45a-693 and 45a-694. The individual for whom sterilization is sought shall be present at the hearing unless the court, for good cause shown, shall excuse such attendance.
(P.A. 79-543, S. 9, 14.)
History: Sec. 45-78x transferred to Sec. 45a-698 in 1991.
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Sec. 45a-699. (Formerly Sec. 45-78y). Hearing. Evidence. Grounds for sterilization. (a) The court shall hear medical, social, educational, residential and psychological evidence including but not limited to testimony of the panel appointed under section 45a-695, as to whether such sterilization is in the best interest of the individual. The respondent or his counsel shall have the right to present evidence and cross-examine witnesses who testify at the hearing.
(b) The court shall give its consent to sterilization only if it finds by clear and convincing evidence that such operation or procedure is in the best interests of the individual and shall furnish findings to support its conclusion.
(P.A. 79-543, S. 10, 14; P. A. 82-199, S. 3.)
History: P.A. 82-199 added provision specifying evidence shall include but not be limited to testimony of panel appointed under Sec. 45-78u; Sec. 45-78y transferred to Sec. 45a-699 in 1991.
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Sec. 45a-699a. Stay of order or decree permitting sterilization. Except as otherwise provided in this section, an order or decree of a court of probate permitting sterilization pursuant to sections 45a-690 to 45a-700, inclusive, shall be stayed, for a period of not less than ten days from the date of such order or decree, to afford the respondent an opportunity to file an appeal pursuant to part VII of chapter 801b. If no such appeal is filed within such time period, the stay shall be lifted. If such appeal is filed within such time period, the stay shall remain in effect pending the outcome of the appeal. The provisions of this section shall not stay any such order or decree if the court finds that the respondent (1) has attained the age of eighteen years, (2) is able to give informed consent to a sterilization procedure, and (3) has given informed consent, in writing, to such sterilization.
(P.A. 04-29, S. 2.)
History: P.A. 04-29 effective April 28, 2004.
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Sec. 45a-700. (Formerly Sec. 45-78z). Surgical or other medical procedures which may result in sterilization. Nothing in sections 45a-690 to 45a-700, inclusive, shall limit surgical or other medical procedures which are medically indicated and which may result in sterilization. A hysterectomy shall not be performed for the purpose of sterilization or for the purpose of hygiene and sanitary care of a female's menses.
(P.A. 79-543, S. 11, 14; P.A. 99-84, S. 7.)
History: Sec. 45-78z transferred to Sec. 45a-700 in 1991; P.A. 99-84 added “or other medical” after “surgical”.
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Secs. 45a-701 and 45a-702. Reserved for future use.
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Sec. 45a-703. Application for determination of competency to vote. The guardian or conservator of an individual may file a petition in probate court to determine such individual's competency to vote in a primary, referendum or election. The probate court shall hold a hearing on the petition not later than fifteen days after the filing of the petition and the hearing shall be privileged with respect to assignment.
(P.A. 02-83, S. 2.)
See Sec. 9-159s re notice of voting opportunities presented to certain persons under guardianship or conservatorship.
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Secs. 45a-704 and 45a-705. Reserved for future use.
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Sec. 45a-705a. Petition for writ of habeas corpus by individual subject to guardianship or involuntary representation. (a) An individual subject to a guardianship or involuntary representation under this chapter may petition for and is entitled to the benefit of the writ of habeas corpus without having previously exhausted other available remedies including, but not limited to, the right to appeal the order of guardianship or involuntary representation. The question of the legality of such guardianship or involuntary representation shall be determined by the court or judge issuing such writ.
(b) A writ of habeas corpus shall be directed to the guardian of the person or the estate of the ward or to the conservator of the conserved person and if illegality or invalidity of the guardianship or involuntary representation is alleged in such writ, a copy shall also be directed to the judge of the court that issued the order as to such claim.
(c) A petition for a writ of habeas corpus under this section shall be brought to either the Superior Court or the Probate Court.
(d) If such petition has been brought in the Probate Court, the Probate Court Administrator shall appoint a three-judge court to hear such petition from among the probate judges who are approved to hear such petitions by the Chief Justice of the Supreme Court, provided the Probate Court Administrator shall not appoint the judge of the Probate Court who issued the order as a member of the three-judge court. No such petition shall be denied without the vote of at least two judges of the three-judge court. The judges of such three-judge court shall designate a chief judge from among their members. The three-judge court shall cause a recording to be made of all proceedings held under this section. The recording shall be part of the court record and shall be made and retained in a manner approved by the Probate Court Administrator. All records for any case before the three-judge court shall be maintained in the Probate Court in which the conservator or guardian was appointed.
(e) A hearing held under this section shall be heard not later than ten days, excluding Saturdays, Sundays and holidays, after return of service of the writ.
(f) If the court decides that the guardianship or involuntary representation is not illegal, such decision shall be considered a final judgment and subject to appeal.
(g) If the court decides that the guardianship or involuntary representation is not illegal, such decision shall not bar issuance of such a writ again, provided it is claimed that such person is no longer subject to the condition for which the person was conserved or such application is based on a ground different from that relied on in an earlier application. Such writ may be applied for by an individual subject to guardianship or involuntary representation or on the behalf of such individual by any relative, friend or person interested in such individual's welfare.
(h) An appeal to the Superior Court of a decision rendered by a three-judge court under this section shall be filed in the judicial district in which the Probate Court that issued the order appointing a guardian or conservator is located or, if the Probate Court that issued the order is located in a probate district that extends into more than one judicial district, in any judicial district in which any part of the probate district is located. Such appeal shall be heard not later than thirty days of the return of service of the appeal.
(P.A. 07-116, S. 24; P.A. 15-217, S. 6.)
History: P.A. 15-217 amended Subsecs. (a), (c) and (d) by substituting references to petition for references to apply or application, amended Subsec. (f) by deleting “or judge before whom such a writ is brought”, amended Subsec. (g) by deleting “or judge before whom such case is brought”, amended Subsec. (h) by adding provision re venue for filing appeal when probate district extends into more than 1 judicial district, and made technical changes.
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