Sec. 45a-676. (Formerly Sec. 45-328). Appointment of plenary guardian or limited guardian.
Sec. 45a-676. (Formerly Sec. 45-328). Appointment of plenary guardian or
limited guardian. (a) If the court finds, by clear and convincing evidence, that the
respondent is, by reason of the severity of the respondent's mental retardation, totally
unable to meet essential requirements for the respondent's physical health or safety and
totally unable to make informed decisions about matters related to the respondent's care,
the court shall appoint a plenary guardian or plenary coguardians of the person with
mental retardation who shall have all those powers and duties provided for in section
45a-677.
(b) If the court finds by clear and convincing evidence that the respondent is able
to do some, but not all, of the tasks necessary to meet essential requirements for the
respondent's physical health or safety or that the respondent is able to make some, but
not all, informed decisions about matters related to the respondent's care, the court shall
appoint a limited guardian or limited coguardians of the person with mental retardation.
(c) For the purposes of sections 45a-669 to 45a-684, inclusive, and 46b-38ii, any
alleged inability of the respondent must be evidenced by recent behavior that would
cause harm or create a risk of harm, by clear and convincing proof.
(d) The court shall take from any such plenary guardian or limited guardian a written
acceptance of such guardianship and, if the court deems it necessary for the protection
of the respondent, a probate bond.
(e) The court shall make written findings of fact that support each grant of authority
to the plenary guardian or limited guardian. If the court in reaching its conclusion is
relying on incidents of behavior that occurred more than six months prior to the date of
hearing, the court findings shall include its reasoning for relying upon such incidents.
(f) In selecting a plenary guardian or limited guardian of the person with mental
retardation, the court shall be guided by the best interests of the respondent, including,
but not limited to, the preference of the respondent as to who should be appointed as
plenary guardian or limited guardian.
(g) No person shall be excluded from serving as a plenary guardian or limited guardian solely because such person is employed by the Department of Developmental Services, except that (1) no such employee may be appointed as a plenary guardian or
limited guardian of a person with mental retardation residing in a state-operated residential facility for persons with mental retardation located in the Department of Developmental Services region in which such person is employed; and (2) no such employee
shall be so appointed unless no other suitable person to serve as plenary guardian or
limited guardian can be found. Any appointment of an employee of the Department of
Developmental Services as a plenary guardian or limited guardian shall be made for a
limited purpose and duration. During the term of appointment of any such employee,
the Commissioner of Developmental Services shall search for a suitable person who is
not an employee of the department to replace such employee as plenary guardian or
limited guardian.
(h) No person shall be excluded from serving as a plenary guardian or limited guardian solely because such person is employed by a private facility funded or licensed by
the Department of Developmental Services, except that (1) no such employee may be
appointed as a plenary guardian or limited guardian of a person with mental retardation
residing in a residential facility in which such employee is employed, and (2) no such
employee shall be so appointed unless no other suitable person to serve as plenary
guardian or limited guardian can be found.
(i) No person shall be excluded from serving as a plenary guardian or limited guardian solely because such person is licensed by the Department of Developmental Services
to operate a community training home, except that (1) no such licensee, nor any of such
licensee's relatives or household members, may be appointed as a plenary guardian or
limited guardian of a person with mental retardation residing in a community training
home operated by such licensee, and (2) no such licensee shall be so appointed unless
no other suitable person to serve as plenary guardian or limited guardian can be found.
(P.A. 82-337, S. 9; P.A. 83-420, S. 1; P.A. 85-310, S. 1; P.A. 86-323, S. 6; P.A. 03-51, S. 5; P.A. 04-257, S. 108; P.A.
05-10, S. 19; 05-288, S. 152; P.A. 07-73, S. 2(a), (b); 07-238, S. 6.)
History: P.A. 83-420 amended Subsec. (e) re appointment of employee of the department of mental retardation as
guardian or limited guardian of a mentally retarded person; P.A. 85-310 added references to coguardians and limited
coguardians; P.A. 86-323 substituted "meet essential requirements for his physical health or safety" for "care for himself
or his personal affairs"; added "plenary" before "guardian", added provision requiring alleged inability of respondent to
be evidenced by recent behavior which would cause harm or create risk of harm, by clear and convincing proof; deleted
requirement that court make and furnish findings upon request of respondent and added provision requiring written findings
of fact for each grant of authority to guardian and if incidents of behavior recurred more than six months before hearing,
court must include reasons for relying on such incidents; Sec. 45-328 transferred to Sec. 45a-676 in 1991; P.A. 03-51
substituted "person with mental retardation" for "mentally retarded person" in Subsecs. (a), (b) and (f); P.A. 04-257 made
technical changes in Subsec. (f), effective June 14, 2004; (Revisor's note: In 2005, a reference in Subsec. (c) to Sec. 45a-668 was changed editorially by the Revisors to Sec. 45a-669 to reflect the repeal of Sec. 45a-668 by P.A. 04-54); P.A. 05-10 amended Subsec. (c) to add reference to Sec. 46b-38ii and make a technical change; P.A. 05-288 made technical changes
in Subsec. (c), effective July 13, 2005; 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; P.A. 07-238 made technical changes in Subsecs. (a),
(b), (c) and (e), redesignated provisions allowing employees of Department of Developmental Services to serve as plenary
or limited guardians as Subsec. (g), added Subsec. (h) allowing persons employed by private facilities funded or licensed by
department to serve as plenary or limited guardians under certain circumstances and added Subsec. (i) allowing community
training home licensees to serve as plenary or limited guardians under certain circumstances.
Annotation to former section 45-328:
Subsec. (e):
Cited. 215 C. 277.
Annotations to present section:
Cited. 230 C. 828.