§ 45a-681 — (Formerly Sec. 45-333). Review of guardianship by court.

Connecticut § 45a-681

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

Text

(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 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 section 1-1g . A copy of the eligibility determination letter indicating that the basis of ineligibility is the absence of intellectual disability, as defined in section 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.

Legislative History

(P.A. 82-337, S. 14; P.A. 91-71, S. 2; P.A. 96-170, S. 20, 23; P.A. 97-90, S. 5, 6; P.A. 98-250, S. 2, 39; P.A. 03-51, S. 10; P.A. 04-211, S. 2; P.A. 07-73, S. 2(a), (b); P.A. 11-129, S. 20; P.A. 12-66, S. 15; P.A. 16-49, S. 12; P.A. 21-135, S. 5.) History: Sec. 45-333 transferred to Sec. 45a-681 in 1991; P.A. 91-71 divided section into Subsecs. (a) and (b), deleted language requiring that court hold hearing pursuant to Secs. 45a-671 to 45a-677, inclusive, deleted language prohibiting expansion of powers and responsibilities of guardian unless hearing is held, and added provision requiring receipt and review of written evidence as to condition of ward, prepared by conservator, attorney for ward and a department of mental retardation assessment team, provided if court determines that there has been no change in the conditions of ward since last review, no hearing shall be required, but the court, in its discretion, may hold such hearing or such hearing shall be held upon request of the attorney, conservator or the department of mental retardation assessment team and prohibiting expansion or reduction of powers and responsibilities of guardian unless such hearing is held; (Revisor's note: In 1997 a reference in Subsec. (a) to “Probate Administration Fund” was changed editorially by the Revisors to “Probate Court Administration Fund” to conform section to Sec. 45a-82); P.A. 96-170 amended Subsec. (a) by changing funding of compensation of counsel from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 97-90 revised effective date of P.A. 96-170 but without affecting this section; P.A. 98-250 added “professional” to “assessment team” and required request by the ward or the court for an assessment team report, effective July 1, 1998; P.A. 03-51 substituted “person with mental retardation” for “mentally retarded person” in Subsec. (a); P.A. 04-211 amended Subsec. (a) to add Subdiv. designators and new provision as Subdiv. (2), requiring written reports re ward functioning adaptively and intellectually within severe or profound range of mental retardation only from guardian and attorney for ward unless court requires report from Department of Mental Retardation professional or assessment team, and to make conforming and technical changes; pursuant to P.A. 07-73 “Commissioner of Mental Retardation” and “Department of Mental Retardation” were changed editorially by the Revisors to “Commissioner of Developmental Services” and “Department of Developmental Services”, effective October 1, 2007; pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability” in Subsec. (a); P.A. 12-66 amended Subsec. (a) to insert “Pursuant to such review:”, delete provisions re written report from attorney for ward in Subdivs. (1) and (2), add new Subdiv. (3) re team observation or examination of ward, designate provision in Subdiv. (2) re deadline for submission of report as Subdiv. (4) and amend same by adding provision re providing copy of report to attorney for ward, add Subdiv. (5) re attorney for ward to meet with ward concerning report and provide written notice to the court re such meeting and whether hearing is requested, and redesignate existing Subdiv. (3) as Subdiv. (6) and amend same by deleting provision re team observation or examination of ward, amended Subsec. (b) to delete provision re reports from attorney for ward and add provision re notice from attorney for ward, and made technical changes; P.A. 16-49 replaced references to ward with references to protected person and, in Subsec. (a), deleted “of the person with intellectual disability or limited guardianship of the person with intellectual disability”; P.A. 21-135 amended Subsec. (a) by adding new Subdiv. (5) re written report or testimony by Department of Developmental Services professional or assessment team, and redesignating existing Subdivs. (5) and (6) as Subdivs. (6) and (7), effective July 7, 2021.