Sec. 45a-132a. Examination of allegedly incapable party. Refusal to undergo examination. Expense.
Sec. 45a-132a. Examination of allegedly incapable party. Refusal to undergo
examination. Expense. In any matter before a court of probate in which the capacity
of a party to the action is at issue, the court may order an examination of the allegedly
incapable party by a physician or psychiatrist or, where appropriate, a psychologist,
licensed to practice in the state, except that a conserved person, as defined in section
45a-644, the respondent to an application for involuntary representation made under
section 45a-648 or a respondent to an application for appointment of a temporary conservator made under section 45a-654 may refuse to undergo an examination ordered by
the court under this section. The expense of such examination may be charged against
the petitioner, the respondent, the party who requested such examination or the estate
of the allegedly incapable party in such proportion as the judge of the court determines.
If any such party is unable to pay such expense and files an affidavit with the court
demonstrating the inability to pay, the reasonable compensation shall be established by,
and paid from funds appropriated to, the Judicial Department, except that 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.
(P.A. 94-54; P.A. 96-170, S. 15, 23; P.A. 97-90, S. 5, 6; P.A. 07-116, S. 1.)
History: P.A. 96-170 changed funding of expense of examination 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. 07-116 added
exception for conserved persons and respondents to refuse to undergo examination and made technical changes.