Disclaimer: This article does not constitute legal advice; it is for informational purposes only.
Detailed Answer
In Connecticut, appointing a guardian or conservator for an incapacitated adult falls under Title 45a, Chapter 820 of the Connecticut General Statutes (C.G.S. Chapter 820). A guardian makes personal and health decisions; a conservator manages financial affairs. Follow these steps:
1. Evaluate Capacity and Alternatives
Have a qualified professional assess the individual’s decision-making ability. Explore less restrictive options like durable powers of attorney or health care directives before seeking a court-appointed guardian or conservator.
2. Prepare and File the Petition
File a petition with the Probate Court in the incapacitated person’s residence county. The petition must include:
- The petitioner’s relationship to the proposed ward
- Facts showing incapacity
- A medical certificate or affidavit from a licensed physician or psychologist
- A proposed plan for care or estate management
Statute reference: C.G.S. §45a-650 (Sec. 45a-650).
3. Provide Notice to Interested Parties
Serve notice on the proposed ward, spouse, adult children and other close relatives at least 10 days before the hearing. The Probate Court will often appoint counsel or a lawyer for the respondent.
4. Medical Evaluation and Report
A court-appointed evaluator examines the proposed ward and reports findings on health, cognition and daily functioning to the Probate Court.
5. Attend the Court Hearing
At the hearing, the Probate Judge reviews evidence, hears testimony and determines whether the individual lacks capacity. The judge may appoint all or limited powers based on the person’s needs.
6. Receive Letters of Guardianship or Conservatorship
If granted, the court issues letters authorizing you to act as guardian or conservator. For financial conservators, this includes inventorying assets and managing investments.
7. Fulfill Ongoing Duties and Reporting
Guardians and conservators must file annual reports and inventories with the Probate Court. See C.G.S. §45a-656 (Sec. 45a-656) for reporting requirements. Notify the court of major changes like moving the ward or selling property.
Helpful Hints
- Consult an attorney experienced in Connecticut probate law early.
- Keep detailed records of expenses and decisions.
- Be prepared for court-appointed independent evaluations.
- Review the ward’s current financial documents and medical records.
- Consider less restrictive alternatives before filing.