Sec. 45a-650. (Formerly Sec. 45-70d). Hearing on application for involuntary representation. Evidence. Appointment of conservator. Limitation re powers and duties. Probate bond.
Sec. 45a-650. (Formerly Sec. 45-70d). Hearing on application for involuntary
representation. Evidence. Appointment of conservator. Limitation re powers and
duties. Probate bond. (a) At any hearing on an application for involuntary representation, before the court receives any evidence regarding the condition of the respondent
or of the respondent's affairs, the court shall require clear and convincing evidence that
the court has jurisdiction, that the respondent has been given notice as required in section
45a-649, and that the respondent has been advised of the right to retain an attorney
pursuant to section 45a-649a and is either represented by an attorney or has waived the
right to be represented by an attorney. The respondent shall have the right to attend any
hearing held under this section.
(b) The rules of evidence in civil actions adopted by the judges of the Superior
Court shall apply to all hearings pursuant to this section. All testimony at a hearing held
pursuant to this section shall be given under oath or affirmation.
(c) After making the findings required under subsection (a) of this section, the court
shall receive evidence regarding the respondent's condition, the capacity of the respondent to care for himself or herself or to manage his or her affairs, and the ability of the
respondent to meet his or her needs without the appointment of a conservator. Unless
waived by the court pursuant to this subsection, evidence shall be introduced from one
or more physicians licensed to practice medicine in the state who have examined the
respondent within forty-five days preceding the hearing. The evidence shall contain
specific information regarding the respondent's condition and the effect of the respondent's condition on the respondent's ability to care for himself or herself or to manage
his or her affairs. 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 considers 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 the respondent's 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 application stating why medical evidence was not required. Any hospital, psychiatric
or medical record or report filed with the court pursuant to this subsection shall be
confidential.
(d) Upon the filing of an application for involuntary representation pursuant to section 45a-648, the court shall issue an order for the disclosure of the medical information
required pursuant to this section to the respondent's attorney and, upon request, to the
respondent. The court may issue an order for the disclosure of such medical information
to any other person as the court determines necessary.
(e) Notwithstanding the provisions of section 45a-7, the court may hold the hearing
on the application at a place other than its usual courtroom if it would facilitate attendance
by the respondent.
(f) (1) If the court finds by clear and convincing evidence that the respondent is
incapable of managing the respondent's affairs, that the respondent's affairs cannot be
managed adequately without the appointment of a conservator and that the appointment
of a conservator is the least restrictive means of intervention available to assist the
respondent in managing the respondent's affairs, the court may appoint a conservator
of his or her estate after considering the factors set forth in subsection (g) of this section.
(2) If the court finds by clear and convincing evidence that the respondent is incapable of caring for himself or herself, that the respondent cannot be cared for adequately
without the appointment of a conservator and that the appointment of a conservator is
the least restrictive means of intervention available to assist the respondent in caring
for himself or herself, the court may appoint a conservator of his or her person after
considering the factors set forth in subsection (g) of this section.
(3) No conservator may be appointed if the respondent's personal needs and property management are being met adequately by an agency or individual appointed pursuant to section 1-43, 19a-575a, 19a-577, 19a-580e or 19a-580g.
(g) When determining whether a conservator should be appointed the court shall
consider the following factors: (1) The abilities of the respondent; (2) the respondent's
capacity to understand and articulate an informed preference regarding the care of his
or her person or the management of his or her affairs; (3) any relevant and material
information obtained from the respondent; (4) evidence of the respondent's past preferences and life style choices; (5) the respondent's cultural background; (6) the desirability
of maintaining continuity in the respondent's life and environment; (7) whether the
respondent had previously made adequate 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 durable power of attorney, springing power of attorney, the appointment of a health care representative or health care agent, the execution of a living will
or trust or the execution of any other similar document; (8) any relevant and material
evidence from the respondent's family and any other person regarding the respondent's
past practices and preferences; and (9) any supportive services, technologies or other
means that are available to assist the respondent in meeting his or her needs.
(h) The respondent or conserved person may appoint, designate or nominate a conservator pursuant to section 19a-580e, 19a-580g or 45a-645, or may, orally or in writing,
nominate a conservator who shall be appointed unless the court finds that the appointee,
designee or nominee is unwilling or unable to serve or there is substantial evidence to
disqualify such person. If there is no such appointment, designation or nomination or
if the court does not appoint the person appointed, designated or nominated by the
respondent or conserved person, the court may appoint any qualified person, authorized
public official or corporation in accordance with subsections (a) and (b) of section 45a-644. In considering who to appoint as conservator, the court shall consider (1) the extent
to which a proposed conservator has knowledge of the respondent's or conserved person's preferences regarding the care of his or her person or the management of his or
her affairs, (2) the ability of the proposed conservator to carry out the duties, responsibilities and powers of a conservator, (3) the cost of the proposed conservatorship to the estate
of the respondent or conserved person, (4) the proposed conservator's commitment to
promoting the respondent's or conserved person's welfare and independence, and (5)
any existing or potential conflicts of interest of the proposed conservator.
(i) If the court appoints a conservator of the estate of the respondent, the court shall
require a probate bond. The court may, if it considers it necessary for the protection of
the respondent, require a bond of any conservator of the person appointed under this
section.
(j) Absent the court's order to the contrary and except as otherwise provided in
subsection (b) of section 19a-580e, a conservator appointed pursuant to this section shall
be bound by all health care decisions properly made by the conserved person's health
care representative.
(k) A conserved person shall retain all rights and authority not expressly assigned
to the conservator.
(l) The court shall assign to a conservator appointed under this section only the
duties and authority that are the least restrictive means of intervention necessary to meet
the needs of the conserved person. The court shall find by clear and convincing evidence
that such duties and authority restrict the decision-making authority of the conserved
person only to the extent necessary to provide for the personal needs or property management of the conserved person. Such personal needs and property management shall be
provided in a manner appropriate to the conserved person. The court shall make a finding
of the clear and convincing evidence that supports the need for each duty and authority
assigned to the conservator.
(m) Nothing in this chapter shall impair, limit or diminish a conserved person's
right to retain an attorney to represent such person or to seek redress of grievances in
any court or administrative agency, including proceedings in the nature of habeas corpus
arising out of any limitations imposed on the conserved person by court action taken
under this chapter, chapter 319i, chapter 319j or section 45a-242. In any other proceeding
in which the conservator has retained counsel for the conserved person, the conserved
person may request the Court of Probate to direct the conservator to substitute an attorney
chosen by the conserved person.
(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; P.A. 06-195, S. 76; P.A. 07-116, S. 16.)
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; P.A. 06-195 substituted "health care representative"
for "health care agent" in Subsec. (h); P.A. 07-116 inserted provisions in Subsec. (a) re requirements before court receives
evidence and respondent's right to attend any hearing under section, inserted new Subsec. (b) re applicable rules of evidence,
designated as new Subsec. (c) existing provisions re court's receipt of evidence re capacity of respondent, and amended
same to substitute 45 days for 30 days re physician examination preceding hearing, substitute reference to respondent's
condition and respondent's ability to care for self or manage affairs for reference to respondent's "disability and the extent
of its incapacitating effect", and delete provisions re matters where Commissioner of Social Services seeks appointment
of conservator for an elderly person, redesignated existing Subsec. (b) as Subsec. (d) and inserted provisions therein re
disclosure of medical information, redesignated existing Subsec. (c) as (e) and amended same to delete "within the state"
re place of hearing, redesignated existing Subsec. (d) as Subsec. (f) and inserted provisions therein re court's findings,
redesignated existing Subsec. (e) as Subsec. (g) and amended same to substitute enumerated factors for consideration of
best interest of respondent and prior alternative arrangements, inserted Subsec. (h) designator and added provisions therein
re respondent's ability to nominate conservator and court's appointment of conservator, deleted former Subsec. (f) re
court's findings of facts to be furnished upon request, redesignated existing Subsec. (g) as Subsec. (i), deleted former
Subsec. (h) re limitation on powers and duties of conservator, added new Subsecs. (j) to (m) re limitations on powers of
conservators and retention of rights of conserved person, and made technical changes.
See Sec. 45a-656 re duties and authority assigned by the court.
See Sec. 52-60 re appointment of probate judge as attorney for nonresident fiduciary.
Cited. 230 C. 828.
Cited. 42 CA 70.
Cited. 44 CS 53.
Subsec. (c):
Cited. 233 C. 44.
Cited. 37 CA 137.