2012 Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 802h - Protected Persons and Their Property
Section 45a-669 - (Formerly Sec. 45-321). Definitions.


CT Gen Stat § 45a-669 (2012) What's This?

For purposes of sections 45a-669 to 45a-684, inclusive, the following terms shall have the following meanings:

(a) “Plenary guardian of a person with intellectual disability” means a person, legally authorized state official, or private nonprofit corporation, except a hospital or nursing home, as defined in section 19a-521, appointed by a court of probate pursuant to the provisions of sections 45a-669 to 45a-684, 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 his intellectual disability, has been determined to be totally unable to meet essential requirements for his physical health or safety and totally unable to make informed decisions about matters related to his care.

(b) “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-684, inclusive, or unless otherwise provided by law.

(c) “Limited guardian of a person with intellectual disability” means a person, legally authorized state official, or a private nonprofit corporation, except a hospital or nursing home, as defined in section 19a-521, appointed by a court of probate pursuant to the provisions of sections 45a-669 to 45a-684, 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 his intellectual disability, has been determined to be able to do some, but not all, of the tasks necessary to meet essential requirements for his physical health or safety or to make some, but not all, informed decisions about matters related to his care.

(d) “Person with intellectual disability” means a person who has a condition defined as intellectual disability pursuant to section 1-1g.

(e) “Respondent” means an adult person for whom an application for guardianship or limited guardianship of the person has been filed.

(f) “Unable to meet essential requirements for his 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 of the person with intellectual disability serious physical injury, illness or disease is likely to occur.

(g) “Unable to make informed decisions about matters related to one’s 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 need for physical or mental health care, food, clothing, shelter, hygiene, protection from physical abuse or harm, or other care.

(h) “Ward” means a person for whom a guardianship is granted under sections 45a-669 to 45a-684, 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.)

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”.

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