2016 Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 802h - Protected Persons and Their Property
Section 45a-670 - (Formerly Sec. 45-322). Petition for guardianship.
(a) A petition for guardianship may be filed by any adult person. Any petition filed shall allege that a respondent, by reason of the severity of the respondent's intellectual disability, is unable to meet essential requirements for the respondent's physical health and safety and unable to make informed decisions about matters relating to the respondent's care. Such petition shall be filed in Probate Court in the district in which the respondent resides, is domiciled or is located at the time of the filing of the petition. Such petition shall state: (1) Whether there is, in any jurisdiction, a guardian, limited guardian, or conservator for the respondent; (2) the extent of the respondent's inability to meet essential requirements for the respondent's physical health or safety, and the extent of the respondent's inability to make informed decisions about matters related to the respondent's care; (3) any other facts upon which guardianship is sought; and (4) in the case of a limited guardianship, the specific areas of protection and assistance required for the respondent.
(b) A petition for guardianship may be filed by the parent or guardian of a minor child up to one hundred eighty days prior to the date such child attains the age of eighteen if the parent or guardian anticipates that such minor child will require a guardian upon attaining the age of eighteen. The court may grant such petition in accordance with this section, provided such order shall take effect no earlier than the date the child attains the age of eighteen.
(c) All records of cases related to guardianship under sections 45a-669 to 45a-683, inclusive, shall be confidential and shall not be open to public inspection by or disclosed to any person, except that (1) such records shall be available to (A) the parties in any such case and their counsel, (B) the Department of Developmental Services, and (C) the office of the Probate Court Administrator; (2) if the court appoints a guardian, the names of the guardian and the protected person shall be public; and (3) the court may, after hearing with notice to the respondent, the respondent's counsel, the guardian and the Department of Developmental Services, permit records to be disclosed for cause shown.
(P.A. 82-337, S. 3; P.A. 86-323, S. 2; P.A. 00-22, S. 2; P.A. 07-73, S. 2(b); P.A. 11-129, S. 1; P.A. 16-49, S. 2.)
History: P.A. 86-323 added provision permitting court to file an application for guardianship on its own motion, and requiring such motion to contain statement of facts on which court bases its motion, substituted “unable to meet essential requirements for his physical health and safety” for “incapable of caring for himself” and added requirement that application of guardianship shall contain “any other facts upon which guardianship is sought”; Sec. 45-322 transferred to Sec. 45a-670 in 1991; P.A. 00-22 made technical changes and added provisions re disclosure of the application and records of Probate Court proceedings; pursuant to P.A. 07-73 “Commissioner of Mental Retardation” was changed editorially by the Revisors to “Commissioner of Developmental Services”, effective October 1, 2007; P.A. 11-129 designated existing provisions as Subsec. (a) and amended same to substitute “intellectual disability” for “mental retardation”, and added Subsec. (b) re application for guardianship by parent or guardian up to 180 days prior to child's attaining age eighteen; P.A. 16-49 replaced references to application with references to petition, amended Subsec. (a) to delete provisions re application filed by court on its own motion and records of proceedings to be sealed and added “or is located at the time of the filing of the petition” re district in which respondent is to file petition, added Subsec. (c) re confidentiality of records, and made technical and conforming changes.
Annotation to former section 45-322:
Cited. 9 CA 413.
Annotation to present section:
Cited. 240 C. 766.
