Sec. 45a-681. (Formerly Sec. 45-333). Review by court of guardianship or limited guardianship of person with mental retardation.
Sec. 45a-681. (Formerly Sec. 45-333). Review by court of guardianship or limited guardianship of person with mental retardation. (a) The court shall review each
guardianship of the person with mental retardation or limited guardianship of the person
with mental retardation at least every three years and shall either continue, modify or
terminate the order for guardianship. (1) The court shall receive and review written
evidence as to the condition of the ward. Except as provided in subdivision (2) of this
subsection, the guardian, the attorney for the ward and a Department of Developmental
Services professional or, if requested by the ward or by the court, an assessment team
appointed by the Commissioner of Developmental Services or his 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 ward who is functioning adaptively and intellectually
within the severe or profound range of mental retardation, as determined by the Department of Developmental Services, the court shall receive and review written reports as
to the condition of the ward only from the guardian and the attorney for the ward,
provided the court may require a Department of Developmental Services professional
or assessment team to submit a written report as to the condition of such ward. Each
written report shall be submitted to the court not later than forty-five days after the
court's request for such report. (3) If the ward is unable to request or obtain an attorney,
the court shall appoint an attorney for the ward. If the ward 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. The Department of Developmental Services professional or assessment team shall personally observe or examine the ward
within the forty-five-day period preceding the date of submission of its report.
(b) If the court determines, after receipt of the reports from the attorney for the ward,
the Department of Developmental Services professional or assessment team and the
guardian, that there has been no change in the condition of the ward since the last preceding review by the court, a hearing on the condition of the ward shall not be required,
but the court, in its discretion, may hold such hearing. If the attorney for the ward, 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.
(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).)
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.