Connecticut General Statutes 45a-681 – 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:
Terms Used In Connecticut General Statutes 45a-681
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- intellectual disability: means a significant limitation in intellectual functioning existing concurrently with deficits in adaptive behavior that originated during the developmental period before eighteen years of age. See Connecticut General Statutes 1-1g
- Probate: Proving a will
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(1) The court shall receive and review written evidence as to the condition of the protected person. Except as provided in subdivision (2) of this subsection, the guardian and a Department of Developmental Services professional or, if requested by the protected person or by the court, an assessment team appointed by the Commissioner of Developmental Services or the commissioner’s designee shall each submit a written report to the court not later than forty-five days after the court’s request for such report.
(2) In the case of a protected person who is functioning adaptively and intellectually within the severe or profound range of intellectual disability, as determined by the Department of Developmental Services, the court shall receive and review written reports as to the condition of the protected person only from the guardian, except that the court may require a Department of Developmental Services professional or assessment team to submit a written report as to the condition of the protected person.
(3) The Department of Developmental Services professional or assessment team shall personally observe or examine the protected person within the forty-five-day period preceding the date it submits any report under subdivision (4) of this subsection.
(4) Each written report shall be submitted to the court not later than forty-five days after the court’s request for such report. On receipt of a written report from the guardian or a Department of Developmental Services professional or assessment team, the court shall provide a copy of the report to the attorney for the protected person.
(5) The written report or testimony by the Department of Developmental Services professional or assessment team shall not be required for the court’s review of guardianship pursuant to this section if the protected person has been determined ineligible for services of the Department of Developmental Services by the commissioner or his or her designee, provided such denial of eligibility is based on the determination that the individual does not have intellectual disability as defined in § 1-1g. A copy of the eligibility determination letter indicating that the basis of ineligibility is the absence of intellectual disability, as defined in § 1-1g, shall be provided to the court in lieu of a report by the assessment team and no further assessment by the team shall be required.
(6) Not later than thirty days after the attorney for the protected person receives a copy of a report pursuant to subdivision (4) of this subsection, the protected person’s attorney shall (A) meet with the protected person concerning the report, and (B) provide written notice to the court (i) that the protected person’s attorney has met with the protected person, and (ii) indicating whether a hearing is requested. Nothing in this section shall prevent the protected person or the protected person’s attorney from requesting a hearing at any other time as permitted by law.
(7) If the protected person is unable to request or obtain an attorney, the court shall appoint an attorney for the protected person. If the protected person is unable to pay for the services of the attorney, the reasonable compensation of such attorney shall be established by, and paid from funds appropriated to, the Judicial Department; however, if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.
(b) If the court determines, after receipt of the reports from the Department of Developmental Services professional or assessment team and the guardian, and notice from the attorney for the protected person, that there has been no change in the condition of the protected person since the last preceding review by the court, a hearing on the condition of the protected person shall not be required, but the court, in its discretion, may hold such hearing. If the protected person’s attorney, the Department of Developmental Services professional or assessment team or the guardian requests a hearing, the court shall hold a hearing within thirty days of such request. No order expanding or reducing the powers and responsibilities of a guardian shall be issued unless such hearing is held.