Probate Code
Each state's laws set out detailed procedures which must be followed to have a guardian or conservator appointed. Although details vary, typically the process requires notice to the proposed ward and other interested parties, evaluation of the proposed ward and evidence supporting the request, a hearing, and a decision by a jury or judge.
Initiating a Proceeding – Filing a Petition:
Application for Involuntary 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.
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.
Notice of Hearing:
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. Notice must be served at least 10 days in advance of the hearing.
Ward’s Rights at Hearing:
Wards should have an attorney represent them at the hearing on the application. If they are unable to obtain an attorney to represent them at the hearing, the court will appoint an attorney for them. If they are unable to pay for representation by an attorney, the court will pay attorney fees as permitted by the court's rules. Even if the ward qualifies for payment of an attorney on their behalf, the ward may choose an attorney if the attorney will accept the attorney fees permitted by the court's rules.
Evaluations, Interviews, and Examinations:
In most cases, at the hearing, medical evidence from a physician licensed in Connecticut that has seen the respondent within 45-days of the hearing must be presented. If after a hearing the court or a jury determines the respondent is incapacitated, the judge issues an order appointing a conservator and outlining the conservator's powers. A conservator of the person, of the estate, or both may be appointed.
Adjudication and Disposition:
If, after a hearing on the application, the court decides that the ward lacks the ability to care for themselves, pay their bills or otherwise manage their affairs, the court may review any alternative plans they have to get assistance to handle their own affairs that do not require the 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 the ward, they should be aware that the appointment of a conservator limits their rights. Among the areas that may be affected are:
– Accessing and budgeting money
– Deciding where to live
– Making medical decisions
– Paying bills
– Managing real and personal property
Conn. Gen. Stat. § 45a-646 through Conn. Gen. Stat. § 45a-650