Do You Need a Separate Appointment for the Estate? Connecticut Guardianship of Person vs Estate | Connecticut Probate | FastCounsel
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Do You Need a Separate Appointment for the Estate? Connecticut Guardianship of Person vs Estate

Understanding Separate Appointments for Person and Estate in Connecticut Guardianship

Short answer: In Connecticut, appointment as guardian of the person does not automatically make you the guardian (or conservator) of the estate. The probate court treats personal-care authority and financial authority as separate roles. You must be appointed to each role specifically, although a petitioner can ask the court to appoint one person to both roles in the same proceeding.

Detailed Answer — How Connecticut law treats the two roles

Connecticut’s probate courts handle guardianship and financial-management matters for adults who lack capacity. The court distinguishes two distinct types of authority:

  • Guardian of the person — authority to make decisions about the ward’s personal care: residence, medical care, daily activities, and similar personal matters.
  • Guardian/conservator of the estate (financial guardian) — authority to manage the ward’s money and property: pay bills, collect benefits, invest or sell assets when the court approves, and file accountings.

Because Connecticut separates these powers, an appointment to one role does not automatically carry the other. If you are appointed guardian of the person only, you will not have legal authority to access bank accounts, sell property, or make financial decisions for the person unless the court also appoints you as the estate guardian (or conservator). If you will need both personal-care and financial authority, you (or the petitioner) should ask the probate court for both appointments in the same petition so the court can consider both needs at once.

The probate court’s appointment will be made in an order that specifies exactly which powers are granted and any limitations. The court issues written letters/orders of appointment that explain your authority, and it often requires additional steps for a financial appointment, such as posting a bond, filing an inventory of assets, and filing periodic accountings to the court.

For official information and forms for the probate courts in Connecticut, see the Connecticut Judicial Branch probate pages: https://www.jud.ct.gov/probate/. For the state statutes and to find the exact statutory language that governs guardianships and conservatorships, see the Connecticut General Assembly website: https://www.cga.ct.gov/current/.

Typical steps if you need both roles

  1. File a petition in the probate court for the district where the person lives asking for appointment as guardian of the person, conservator of the estate, or both.
  2. Provide notice to the person, family members, and interested parties as required by the court.
  3. The court may require medical evidence of incapacity and will schedule a hearing. The court may appoint an attorney to represent the alleged incapacitated person if they lack capacity.
  4. If the court appoints you as conservator/guardian of the estate, expect to file an inventory and periodic accountings and to comply with bonding, recordkeeping, and reporting requirements the court imposes.

Practical examples (hypotheticals)

Example 1: Mrs. A is unable to manage daily care but has a trusted adult child who can oversee her living situation and medical appointments. The child is appointed guardian of the person but not conservator of the estate. The child cannot access Mrs. A’s bank accounts or pay bills unless the court separately appoints the child to manage the estate.

Example 2: Mr. B needs both someone to manage decisions about his housing and someone to handle his pension and property. The petitioner asks the probate court to appoint the same person as guardian of the person and conservator of the estate. The court holds one proceeding and may grant both appointments in the same order. The conservator will be required to file financial inventories and accountings following probate rules.

What you should do next

  • Contact the probate court in the district where the person lives to request the correct forms and instructions.
  • If you expect to handle money or property, ask the court about bonding, inventory, and accounting requirements so you can prepare.
  • Consider whether alternatives (durable power of attorney for finances or a health care representative / health care directive) could avoid formal guardianship if the person has capacity to sign those documents.
  • Consult an attorney experienced in Connecticut probate and guardianship law for help with petitions, hearings, and ongoing duties, especially when sizable assets or complicated transactions are involved.

Helpful Hints

  • Ask the probate clerk for a checklist of required documents and local procedures—rules can vary by district.
  • When petitioning, clearly state whether you seek appointment for the person, the estate, or both. A single petition can request both appointments.
  • Keep detailed records and receipts if you are appointed to manage the estate. The court will expect clear, accurate accountings.
  • If there is urgency (risk of harm or loss of assets), ask the court about expedited or temporary emergency orders.
  • Look into less-restrictive alternatives before asking for full guardianship, such as limited conservatorship, specific court-approved transactions, or durable powers of attorney if available.
  • Remember that court approval is typically required for major decisions about selling real estate or making transactions that materially change the ward’s estate.

Resources: Connecticut Judicial Branch — Probate Court information: https://www.jud.ct.gov/probate/. Connecticut General Assembly: https://www.cga.ct.gov/current/.

Disclaimer: This article explains general principles of Connecticut guardianship practice to help you understand the process. It is not legal advice. For advice about a specific situation, contact a Connecticut attorney or the local probate court.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.