Sec. 45a-669. (Formerly Sec. 45-321). Definitions.
Sec. 45a-669. (Formerly Sec. 45-321). Definitions. For purposes of sections 45a-669 to 45a-684, inclusive, the following terms shall have the following meanings:
(a) "Plenary guardian of a person with mental retardation" means a person, legally
authorized state official, or private nonprofit corporation, except a hospital or nursing
home as defined in section 19a-521, appointed by a court of probate pursuant to the
provisions of sections 45a-669 to 45a-684, 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 his mental retardation, has been determined to be totally unable to meet essential requirements for his physical health or safety
and totally unable to make informed decisions about matters related to his care.
(b) "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-684, inclusive, or unless otherwise provided by law.
(c) "Limited guardian of a person with mental retardation" means a person, legally
authorized state official, or a private nonprofit corporation, except a hospital or nursing
home as defined in section 19a-521, appointed by a court of probate pursuant to the
provisions of sections 45a-669 to 45a-684, 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 his mental retardation,
has been determined to be able to do some, but not all, of the tasks necessary to meet
essential requirements for his physical health or safety or to make some, but not all,
informed decisions about matters related to his care.
(d) "Person with mental retardation" means a person who has a condition defined
as mental retardation pursuant to section 1-1g.
(e) "Respondent" means an adult person for whom an application for guardianship
or limited guardianship of the person has been filed.
(f) "Unable to meet essential requirements for his 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
of the person with mental retardation serious physical injury, illness or disease is likely
to occur.
(g) "Unable to make informed decisions about matters related to one's care" means
the inability of a person with mental retardation to achieve a rudimentary understanding,
after conscientious efforts at explanation, of information necessary to make decisions
about his need for physical or mental health care, food, clothing, shelter, hygiene, protection from physical abuse or harm, or other care.
(h) "Ward" means a person for whom a guardianship is granted under sections 45a-669 to 45a-684, inclusive.
(P.A. 82-337, S. 2; P.A. 86-323, S. 1; P.A. 03-51, S. 2.)
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).
Cited. 230 C. 828.