Sec. 45a-670. (Formerly Sec. 45-322). Application for guardianship.
Sec. 45a-670. (Formerly Sec. 45-322). Application for guardianship. An application for guardianship may be filed by the court on its own motion or by any adult
person. The application and all records of Probate Court proceedings held as a result of
the filing of such application, except for the name of any guardian of the respondent,
shall be sealed and shall be made available only to the respondent or the respondent's
counsel or guardian, and to the Commissioner of Developmental Services or the commissioner's designee, unless the Probate Court, after hearing held with notice to the
respondent or the respondent's counsel or guardian, and to the commissioner or the
commissioner's designee, determines that such application and records should be disclosed for cause shown. An application filed by the court on its own motion shall contain
a statement of the facts on which the court bases its motion, and such statement of facts
shall be included in any notice to the respondent. Any other application filed shall allege
that a respondent, by reason of the severity of the respondent's mental retardation is
unable to meet essential requirements for the respondent's physical health and safety
and unable to make informed decisions about matters relating to the respondent's care.
Such application shall be filed in the court of probate in the district in which the respondent resides or is domiciled. Such application shall state: (1) Whether there is, in any
jurisdiction, a guardian, limited guardian, or conservator for the respondent; (2) the
extent of the respondent's inability to meet essential requirements for the respondent's
physical health or safety, and the extent of the respondent's inability to make informed
decisions about matters related to the respondent's care; (3) any other facts upon which
guardianship is sought; and (4) in the case of a limited guardianship, the specific areas
of protection and assistance required for the respondent.
(P.A. 82-337, S. 3; P.A. 86-323, S. 2; P.A. 00-22, S. 2; P.A. 07-73, S. 2(b).)
History: P.A. 86-323 added provision permitting court to file an application for guardianship on its own motion, and
requiring such motion to contain statement of facts on which court bases its motion, substituted "unable to meet essential
requirements for his physical health and safety" for "incapable of caring for himself" and added requirement that application
of guardianship shall contain "any other facts upon which guardianship is sought"; Sec. 45-322 transferred to Sec. 45a-670 in 1991; P.A. 00-22 made technical changes and added provisions re disclosure of the application and records of
Probate Court proceedings; 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.
Annotation to former section 45-322:
Cited. 9 CA 413.
Annotation to present section:
Cited. 240 C. 766.