2005 Connecticut Code - Sec. 45a-650. (Formerly Sec. 45-70d). Hearing. Medical information. Appointment of conservator. Limitation re powers and duties.
Sec. 45a-650. (Formerly Sec. 45-70d). Hearing. Medical information. Appointment of conservator. Limitation re powers and duties. (a) At any hearing for
involuntary representation, the court shall receive evidence regarding the condition of
the respondent, including a written report or testimony by one or more physicians licensed to practice medicine in the state who have examined the respondent within thirty
days preceding the hearing. The report or testimony shall contain specific information
regarding the disability and the extent of its incapacitating effect. 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 deems qualified to provide such
evidence. 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 his or her 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. In any matter in which the Commissioner of Social Services seeks the appointment of a conservator pursuant to chapter 319dd and represents to the court that an
examination by an independent physician, psychologist or psychiatrist is necessary to
determine whether the elderly person is capable of managing his or her personal or
financial affairs, the court shall order such examination unless the court determines that
such examination is not in the best interests of the elderly person. The court shall order
such examination notwithstanding any medical report submitted to the court by the
elderly person or the caretaker of such elderly person. Any medical report filed with
the court pursuant to this subsection shall be confidential.
(c) Notwithstanding the provisions of section 45a-7, the court may hold the hearing on the application at a place within the state other than its usual courtroom if it would facilitate attendance by the respondent.
(d) If the court finds by clear and convincing evidence that the respondent is incapable of managing his or her affairs, the court shall appoint a conservator of his or her estate unless it appears to the court that such affairs are being managed properly without the appointment of a conservator. If the court finds by clear and convincing evidence that the respondent is incapable of caring for himself or herself, the court shall appoint a conservator of his or her person unless it appears to the court that the respondent is being cared for properly without the appointment of a conservator.
(e) When determining whether a conservator should be appointed and in selecting a conservator to be appointed for the respondent, the court shall be guided by the best interests of the respondent. In making such determination, the court shall consider whether the respondent had previously made 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 valid durable power of attorney, the appointment of a health-care agent or other similar document. The respondent may, by oral or written request, if at the time of the request he or she has sufficient capacity to form an intelligent preference, nominate a conservator who shall be appointed unless the court finds the appointment of the nominee is not in the best interests of the respondent. In such case, or in the absence of any such nomination, the court may appoint any qualified person, authorized public official or corporation in accordance with subsections (a) and (b) of section 45a-644.
(f) Upon the request of the respondent or his or her counsel, made within thirty days of the date of the decree, the court shall make and furnish findings of fact to support its conclusion.
(g) If the court appoints a conservator of the estate of the respondent, it shall require a probate bond. The court may, if it deems it necessary for the protection of the respondent, require a bond of any conservator of the person appointed under this section.
(h) The court may limit the powers and duties of either the conservator of the person or the conservator of the estate, to include some, but not all, of the powers and duties set forth in subsections (a) and (b) of section 45a-644 and sections 45a-655 and 45a-656, and shall make specific findings to justify such a limitation, in the best interests of the ward. In determining whether or not any such limitations should be imposed, the court shall consider the abilities of the ward, the prior appointment of any attorney-in-fact, health care agent, trustee or other fiduciary acting on behalf of the ward, any support services which are otherwise available to the ward, and any other relevant evidence. The court may modify its decree upon any change in circumstances.
(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.)
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.
See Sec. 52-60 re appointment of probate judge as attorney for nonresident fiduciary.
Cited. 230 C. 828, 849.
Cited. 42 CA 70.
Cited. 44 CS 53, 54, 56, 57.
Subsec. (c):
Cited. 233 C. 44, 88.
Cited. 37 CA 137, 138, 141. Cited. 42 CA 70.
Subsec. (d):
Cited. 230 C. 828, 849.
