Sec. 45a-682. (Formerly Sec. 45-334). Application for temporary limited guardian. Notice and hearing. Appointment.
Sec. 45a-682. (Formerly Sec. 45-334). Application for temporary limited
guardian. Notice and hearing. Appointment. (a) An application 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 procedures or treatment involving the use of
general anesthesia, and that by reason of the severity of his mental retardation, he is
unable to give informed consent to such treatment. Such application shall include two
certificates, one signed by a physician licensed to practice medicine or surgery in this
state, and one signed by a licensed psychologist stating that each has, within thirty days
prior to the filing of the application, examined the respondent and in his opinion (1)
the respondent's condition renders him incapable of giving informed consent to said
procedure and (2) without such treatment, the respondent will suffer deterioration of
his physical or mental health or serious discomfort.
(b) Immediately upon receipt of the application, the court shall order such notice
of the application and the date and time of hearing as it may direct to the respondent,
the respondent's parents or spouse, if any, and to the Office of Protection and Advocacy
for Persons with Disabilities. A hearing shall be held promptly, taking into consideration
the condition of the respondent. If, after hearing, the court finds that the respondent
by reason of the severity of the respondent's mental retardation is incapable of giving
informed consent to such procedure, and that the respondent will suffer deterioration
of the respondent's physical or mental health or serious discomfort if such procedure
or treatment, or both, is not ordered, the court may appoint a temporary limited guardian
for the purpose of consenting to such procedure or treatment, or both. In making such
appointment, the court shall give preference to the parent, next of kin or other person
whom the court deems proper. The court may appoint the Commissioner of Developmental Services, or the commissioner's designee, to serve in such capacity if it is unable
to find a suitable guardian. The appointment shall not be valid for more than sixty
days. A temporary limited guardian shall be subject to all limitations set forth in section
45a-677.
(P.A. 82-337, S. 15; P.A. 85-523, S. 8, 9; P.A. 86-323, S. 11; P.A. 03-278, S. 125; P.A. 07-73, S. 2(b).)
History: P.A. 85-523 amended Subsec. (b) increasing duration of appointment of a temporary limited guardian from
not more than 30 days to not more than 60 days; P.A. 86-323 deleted "immediate" before "deterioration" and added "or
serious discomfort" in description of respondent's condition and required that hearings be held promptly taking respondent's
condition into consideration; Sec. 45-334 transferred to Sec. 45a-682 in 1991; P.A. 03-278 made technical changes in
Subsec. (b), effective July 9, 2003; 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.