§ 45a-669 — (Formerly Sec. 45-321). Definitions.

Connecticut § 45a-669

• Jurisdiction: Connecticut
• Title 45a: Probate Courts and Procedure
• Ch. 802h: Protected Persons and Their Property

Text

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 state, whether or not operated for profit, except a hospital, nursing home facility, as defined in section 19a-521 , or residential care home, as defined in section 19a-521 , appointed by a Probate Court pursuant to the provisions of sections 45a-669 to 45a-683 , inclusive, to supervise all aspects of the care of an adult person, as enumerated in subsection (d) of section 45a-677 , for the benefit of such adult, who by reason of the severity of intellectual disability, has been determined to be totally unable to meet essential requirements for his or her physical health or safety and totally unable to make informed decisions about matters related to his or her care. (2) “Legally competent” means having the legal power to direct one's personal and financial affairs. All persons in this state eighteen years of age and over are legally competent unless determined otherwise by a court in accordance with the provisions of sections 45a-669 to 45a-683 , inclusive, or unless otherwise provided by law. (3) “Limited guardian” means a person, legally authorized state official, corporation, limited liability company, partnership or other entity recognized under the laws of this state, whether or not operated for profit, except a hospital or nursing home, as defined in section 19a-521 , appointed by a Probate Court pursuant to the provisions of sections 45a-669 to 45a-683 , inclusive, to supervise certain specified aspects of the care of an adult person, as enumerated in subsection (d) of section 45a-677 , for the benefit of such adult, who by reason of the severity of intellectual disability, has been determined to be able to do some, but not all, of the tasks necessary to meet essential requirements for his or her physical health or safety or to make some, but not all, informed decisions about matters related to his or her care. (4) “Intellectual disability” has the same meaning as provided in section 1-1g . (5) “Respondent” means an adult person for whom a petition for guardianship or limited guardianship of the person has been filed. (6) “Unable to meet essential requirements for his or her physical health or safety” means the inability through one's own efforts and through acceptance of assistance from family, friends and other available private and public sources, to meet one's needs for medical care, nutrition, clothing, shelter, hygiene or safety so that, in the absence of a guardian, serious physical injury, illness or disease is likely to occur. (7) “Unable to make informed decisions about matters related to his or her care” means the inability of a person with intellectual disability to achieve a rudimentary understanding, after conscientious efforts at explanation, of information necessary to make decisions about his or her need for physical or mental health care, food, clothing, shelter, hygiene, protection from physical abuse or harm, or other care. (8) “Unable to manage his or her finances” means the inability of a person with intellectual disability to receive and evaluate information or make or communicate decisions to such an extent that the person is unable, even with appropriate assistance, to perform the functions inherent in managing his or her finances. (9) “Protected person” means a person for whom a guardianship is granted under sections 45a-669 to 45a-683 , inclusive.

Legislative History

(P.A. 82-337, S. 2; P.A. 86-323, S. 1; P.A. 03-51, S. 2; P.A. 11-129, S. 20; P.A. 13-208, S. 59; P.A. 16-49, S. 1; P.A. 17-136, S. 18.) History: P.A. 86-323 substituted “plenary guardian” for “guardian”, “all aspects of care of an adult person as enumerated in Subsec. (d) of Sec. 45-329 for the benefit of such adult” for “the care of an adult person” and the definition of “unable to meet essential requirements for his physical health or safety” for “unable to care for one's self”; Sec. 45-321 transferred to Sec. 45a-669 in 1991; P.A. 03-51 substituted “person with mental retardation” for “mentally retarded person”; (Revisor's note: In 2005, references to Sec. 45a-668 were changed editorially by the Revisors to Sec. 45a-669 to reflect the repeal of Sec. 45a-668 by P.A. 04-54); pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability”; P.A. 13-208 amended Subdiv. (a) to redefine “plenary guardian of a person with intellectual disability” by adding reference to residential care home and making technical changes, effective July 1, 2013; P.A. 16-49 deleted references to Sec. 45a-684, amended Subdiv. (a) to replace “plenary guardian of a person with intellectual disability” with “plenary guardian”, delete reference to private nonprofit and add “limited liability company, partnership or other entity recognized under the laws of this state, whether or not operated for profit,”, amended Subdiv. (c) to replace “limited guardian of a person with intellectual disability” with “limited guardian”, delete reference to private nonprofit and add “limited liability company, partnership or other entity recognized under the laws of this state, whether or not operated for profit,” amended Subdiv. (d) to replace “person with intellectual disability” with “intellectual disability”, amended Subdiv. (e) to replace “an application” with “a petition”, amended Subdiv. (h) to replace “ward” with “protected person”, and made technical and conforming changes; P.A. 17-136 redesignated Subsecs. (a) to (g) as Subdivs. (1) to (7), amended redesignated Subdiv. (4) by replacing “means the condition defined as intellectual disability pursuant to” with “has the same meaning as provided in” added new Subdiv. (8) defining “unable to manage his or her finances”, redesignated Subsec. (h) as Subdiv. (9), and made technical changes, effective January 1, 2018. Cited. 230 C. 828.