Title 45a, Title 45a: Probate Courts and Procedure

Sec. 45a-667v. Relation of act to Electronic Signatures in Global and National Commerce Act. This section and sections 45a-644, 45a-648, 45a-649 and 45a-667 to 45a-667u, inclusive, modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 USC 7…

Sec. 45a-668. (Formerly Sec. 45-320). Continuation of service of persons appointed prior to October 1, 1982, as guardians or limited guardians of persons with mental retardation. Section 45a-668 is repealed, effective May 4, 2004. (P.A. 82-337, S. 1; P.A. 03-51, S. 1; P.A. 04-54,…

Sec. 45a-669. (Formerly Sec. 45-321). Definitions. As used in sections 45a-669 to 45a-683, inclusive: (1) “Plenary guardian” means a person, legally authorized state official, corporation, limited liability company, partnership or other entity recognized under the laws of this st…

Sec. 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…

Sec. 45a-671. (Formerly Sec. 45-323). Hearing on petition for guardianship. Notice. (a) Not later than forty-five days after the date of filing a petition for guardianship with the Probate Court, such court shall assign a time and place for hearing such petition. Notwithstanding …

Sec. 45a-672. (Formerly Sec. 45-324). Notice of hearing. The notice required by subsection (a) of section 45a-671 shall inform such respondent of (1) whether the guardianship sought is a plenary or a limited guardianship and that the court, notwithstanding which type of guardians…

Sec. 45a-673. (Formerly Sec. 45-325). Appointment of counsel. Payment of cost for indigent persons. Unless the respondent is represented by counsel, the court shall immediately appoint counsel for the respondent. If the respondent is indigent or otherwise unable to pay for counse…

Sec. 45a-674. (Formerly Sec. 45-326). Hearing for appointment of guardian. Evidence. Report by assessment team. Cross-examination of witnesses. Payment of fees for assessment team. Exception to report or testimony requirement. (a) At any hearing for appointment of a plenary guard…

Sec. 45a-675. (Formerly Sec. 45-327). Right of respondent to be at hearing. The respondent shall be present at any hearing for his or her guardianship, except that the court may exclude the respondent from such portions of the hearing at which testimony is given which the court d…

Sec. 45a-676. (Formerly Sec. 45-328). Appointment of plenary guardian or limited guardian. (a) If the court finds, by clear and convincing evidence, that the respondent is, by reason of the severity of the respondent's intellectual disability, totally unable to meet essential req…

Sec. 45a-677. (Formerly Sec. 45-329). Powers and duties of plenary or limited guardian. Report. Transfer of file. (a) The court may assign to a limited guardian any portion of the duties and powers listed in subsection (d) of this section for those particular areas in which the p…

Sec. 45a-677a. Petition by plenary or limited guardian to manage the finances of a protected person whose assets do not exceed ten thousand dollars. (a) A plenary or limited guardian appointed under section 45a-676 may petition for authority to manage the finances of a protected …

Sec. 45a-678. (Formerly Sec. 45-330). Removal of plenary or limited guardian. Any plenary guardian or limited guardian serving in accordance with the provisions of sections 45a-669 to 45a-683, inclusive, may be removed by the Probate Court which appointed such guardian and anothe…

Sec. 45a-679. (Formerly Sec. 45-331). Conflicts between plenary guardian, limited guardian, conservator of the estate or person and temporary conservator to be resolved by Probate Court. If a protected person or conserved person has both a plenary guardian or limited guardian and…

Sec. 45a-680. (Formerly Sec. 45-332). Appointment of standby plenary guardian or standby limited guardian. Probate bond. Duties. Confirmation by court. Whenever a Probate Court appoints a plenary guardian or limited guardian, such court may appoint a standby plenary guardian or a…

Sec. 45a-681. (Formerly Sec. 45-333). Review of guardianship by court. (a) The court shall review each guardianship at least every three years and shall either continue, modify or terminate the order for guardianship. Pursuant to such review: (1) The court shall receive and revie…

Sec. 45a-682. (Formerly Sec. 45-334). Petition for temporary limited guardian. Notice and hearing. Appointment. (a) A petition for a temporary limited guardian may be filed by any interested party alleging that the respondent is in need of elective surgical, medical or dental pro…

Sec. 45a-683. (Formerly Sec. 45-335). Immunity from civil liability of plenary guardian, temporary limited guardian or limited guardian. Any plenary guardian, temporary limited guardian or limited guardian who acts in good faith or pursuant to order of a Probate Court pursuant to…

Sec. 45a-684. (Formerly Sec. 45-336). Payment of expenses and fees of proceeding for appointment of guardian of person with intellectual disability. Section 45a-684 is repealed, effective July 1, 2016. (P.A. 82-337, S. 17; P.A. 03-51, S. 12; June Sp. Sess. P.A. 15-5, S. 458; P.A.…

Secs. 45a-685 to 45a-689. Reserved for future use. PART VI STERILIZATION

Sec. 45a-690. (Formerly Sec. 45-78p). Definitions. For the purposes of sections 45a-690 to 45a-700, inclusive: (1) “Sterilization” means a surgical or other medical procedure, the purpose of which is to render an individual permanently incapable of procreating; (2) “Informed cons…

Sec. 45a-691. (Formerly Sec. 45-78q). Sterilization. Requirements. Determination of ability to give informed consent. No person shall undergo sterilization unless such person has attained the age of eighteen years and has given informed consent, in writing, to such sterilization.…

Sec. 45a-692. (Formerly Sec. 45-78r). Application for determination of ability to give informed consent to sterilization. An application for a determination of a person's ability to give informed consent to a sterilization procedure may be filed by the person seeking sterilizatio…

Sec. 45a-693. (Formerly Sec. 45-78s). Hearing. Notice. Upon such application for a determination of ability to give informed consent, such court shall assign a time, not later than thirty days thereafter, and a place for hearing such application. Any hearing held under this secti…

Sec. 45a-694. (Formerly Sec. 45-78t). Appointment of counsel to represent respondent. Compensation. Upon the filing of an application for a determination of an individual's ability to give informed consent to sterilization, the court shall appoint legal counsel to represent any r…

Sec. 45a-695. (Formerly Sec. 45-78u). Evidence re ability of respondent to give informed consent. Reports by panel members appointed by court. Right of respondent to present evidence and cross-examine witnesses. At any hearing upon such application, the court shall receive eviden…

Sec. 45a-696. (Formerly Sec. 45-78v). Respondent to be present at hearing on ability to give informed consent to sterilization. The respondent shall be present at any hearing regarding his or her ability to give informed consent to sterilization. The court shall inquire at the ti…

Sec. 45a-697. (Formerly Sec. 45-78w). Informed consent. Refusal of sterilization. If the court does not find that the respondent is able to give informed consent, such court shall retain its jurisdiction and shall determine whether such sterilization is in the best interest of th…

Sec. 45a-698. (Formerly Sec. 45-78x). Application by guardian or conservator for consent to sterilization. Whenever sterilization is sought of a person under guardianship or conservatorship, application for consent to sterilization shall be filed in Probate Court by the guardian,…

Sec. 45a-699. (Formerly Sec. 45-78y). Hearing. Evidence. Grounds for sterilization. (a) The court shall hear medical, social, educational, residential and psychological evidence including but not limited to testimony of the panel appointed under section 45a-695, as to whether suc…

Sec. 45a-699a. Stay of order or decree permitting sterilization. Except as otherwise provided in this section, an order or decree of a court of probate permitting sterilization pursuant to sections 45a-690 to 45a-700, inclusive, shall be stayed, for a period of not less than ten …

Sec. 45a-700. (Formerly Sec. 45-78z). Surgical or other medical procedures which may result in sterilization. Nothing in sections 45a-690 to 45a-700, inclusive, shall limit surgical or other medical procedures which are medically indicated and which may result in sterilization. A…

Secs. 45a-701 and 45a-702. Reserved for future use. PART VII VOTING RIGHTS

Sec. 45a-703. Application for determination of competency to vote. The guardian or conservator of an individual may file a petition in probate court to determine such individual's competency to vote in a primary, referendum or election. The probate court shall hold a hearing on t…

Secs. 45a-704 and 45a-705. Reserved for future use. PART VIII HABEAS CORPUS

Sec. 45a-705a. Petition for writ of habeas corpus by individual subject to guardianship or involuntary representation. (a) An individual subject to a guardianship or involuntary representation under this chapter may petition for and is entitled to the benefit of the writ of habea…