Sec. 45a-646. (Formerly Sec. 45-70e). Petition for voluntary representation.
Sec. 45a-594. (Formerly Sec. 45-60). Compensation of guardian or conservator of social services beneficiary or veteran. (a) Compensation payable to the conservator or guardian of any person who is supported wholly or in part by the state in any humane institution, or who is receiving benefits under any of the state's programs of public assistance, shall be based upon services rendered and shall not exceed five per cent of the gross income to the estate during the period covered by any account. The conservator or guardian shall be entitled to compensation of not less than fifty dollars for any accounting period continuing for at least a year. If extraordinary services are rendered by any conservator or guardian, the court of probate, upon petition and hearing, may authorize reasonable additional compensation. No commission or compensation shall be allowed on any moneys or other assets received from a prior guardian or conservator nor upon any amount received from liquidation of loans or other investments.
(b) Compensation payable to the conservator or guardian of any veteran or other beneficiary of the United States Department of Veterans Affairs for administering moneys paid by the United States through the department, or revenue or profit from any property wholly or partially acquired therewith, shall be based upon services rendered and shall not exceed five per cent of the amount of moneys received during the period covered by the account. If extraordinary services are rendered by any conservator or guardian, the Court of Probate, upon petition and hearing, may authorize reasonable additional compensation. A copy of the petition and notice of hearing shall be given to the proper office of the United States Department of Veterans Affairs in the manner provided for hearing on other petitions or pleadings filed by such conservators or guardians. No commission or compensation shall be allowed on the moneys or other assets received from a prior guardian nor upon the amount received from liquidation of loans or other investments.
(1949, S. 1644d; 1957, P.A. 237; P.A. 73-616, S. 36; P.A. 77-614, S. 70, 610; P.A. 80-476, S. 102; P.A. 91-49, S. 2; P.A. 18-72, S. 38; P.A. 25-168, S. 77.)
History: P.A. 73-616 required that copy of petition and hearing notice be lodged in office of commissioner of finance and control rather than in office of welfare commissioner in Subsec. (a); P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services; P.A. 80-476 rephrased provisions; Sec. 45-60 transferred to Sec. 45a-594 in 1991; P.A. 91-49 amended section by removing references to “minor or incompetent” person; P.A. 18-72 replaced references to Veterans' Administration with references to United States Department of Veterans Affairs; P.A. 25-168 amended Subsec. (a) by deleting requirement for copy of petition and hearing notice to be lodged with Commissioner of Administrative Services, effective January 1, 2026.
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Sec. 45a-630. (Formerly Sec. 45-47a). Application for appointment of guardian of the estate of a minor. In the case of any application for the appointment of a guardian of the estate of a minor pursuant to the provisions of sections 45a-132, 45a-593 to 45a-597, inclusive, 45a-603 to 45a-622, inclusive, and 45a-629 to 45a-638, inclusive, the application shall state that such minor either is, or is not, receiving aid or care from the state, whichever is true.
(P.A. 79-358, S. 1; P.A. 25-168, S. 78.)
History: Sec. 45-47a transferred to Sec. 45a-630 in 1991; P.A. 25-168 deleted requirement to send copy of application where minor receiving state aid or care to Commissioner of Administrative Services and provision permitting said commissioner participation at hearing, effective January 1, 2026.
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Sec. 45a-646. (Formerly Sec. 45-70e). Petition for voluntary representation. Any person may petition the Probate Court in the district in which he or she resides, is domiciled or is located at the time the petition for voluntary representation is filed either for the appointment of a conservator of the person or a conservator of the estate, or both. If the petition excuses bond, no bond shall be required by the court unless later requested by the respondent or unless facts are brought to the attention of the court that a bond is necessary for the protection of the respondent. Upon receipt of the petition, the court shall set a time and place for hearing and shall give such notice as it may direct to the petitioner, the petitioner's spouse, if any, and to other interested parties, if any. After seeing the respondent in person and hearing his or her reasons for the petition and after explaining to the respondent that granting the petition will subject the respondent or respondent's property, as the case may be, to the authority of the conservator, the court may grant voluntary representation and thereupon shall appoint a conservator of the person or estate or both, and shall not make a finding that the petitioner is incapable. The conservator of the person or estate or both, shall have all the powers and duties of a conservator of the person or estate of an incapable person appointed pursuant to section 45a-650. If the respondent subsequently becomes disabled or incapable, the authority of the conservator shall not be revoked as a result of such disability or incapacity.
(P.A. 77-446, S. 5; P.A. 79-358, S. 4; P.A. 80-476, S. 125; P.A. 87-87; P.A. 91-49, S. 4; P.A. 15-217, S. 21; P.A. 25-168, S. 79.)
History: P.A. 79-358 required that notice of hearing be given to commissioner of administrative services if respondent is receiving aid or care from state; P.A. 80-476 rephrased provisions and made technical correction, substituting “administrative” for “administration” in commissioner's title; P.A. 87-87 added provision that subsequent disability or incompetence of respondent does not revoke the authority of the conservator; Sec. 45-70e transferred to Sec. 45a-646 in 1991; P.A. 91-49 added requirement that court explain to respondent that granting petition will subject respondent or respondent's property to authority of conservator prior to granting voluntary representation, changed powers and duties of conservator from those “set forth in sections 45a-644 to 45a-662, inclusive” to “of a conservator of the person or estate of an incapable person appointed pursuant to section 45a-650” and changed “incompetent” to “incapable” and “incompetence” to “incapacity”; P.A. 15-217 substituted “petition” for “make application to” and “application”, substituted “is domiciled or is located at the time the petition for voluntary representation is filed” for “or has his domicile for voluntary representation” and made technical changes, effective January 1, 2016; P.A. 25-168 deleted requirement for court notice to Commissioner of Administrative Services if respondent receiving state aid or care, effective January 1, 2026.
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Sec. 45a-649. (Formerly Sec. 45-70c). Notice re application for involuntary representation, determination of jurisdiction or transfer of conservatorship to another state. Form of notice. Appointment of counsel. (a)(1) Upon an application for involuntary representation, the court shall issue a citation to the following enumerated parties to appear before it at a time and place named in the citation, which shall be served on the parties at least ten days before the hearing date, or in the case of an application made pursuant to section 17a-543 or 17a-543a, at least seven days before the hearing date. Except as provided in subsection (c) of section 45a-648, or unless continued by the court for cause shown, the hearing on an application under this section shall be held not more than thirty days after the receipt of the application by the Probate Court. Notice of the hearing shall be sent not more than thirty days after receipt of the application. In addition to such notice, (A) notice for a matter brought under sections 45a-667g to 45a-667o, inclusive, shall be given in the manner provided in section 45a-667n, and (B) notice for a matter brought under section 45a-667p shall be given in the manner provided in section 45a-667q.
(2) (A) The court shall direct that personal service of the citation be made, by a state marshal, constable or an indifferent person, upon the respondent and the respondent's spouse, if any, if the spouse is not the applicant. (B) Except for the respondent, if the address of any other person entitled to personal service is unknown, or if personal service or service at the person's usual place of abode cannot be reasonably effected within the state, or if the person is out of the state, the judge or the clerk of the court shall order notice be given by registered or certified mail, return receipt requested, or by publication not less than ten days before the date of the hearing. Any such publication shall be in a newspaper of general circulation in the place of the last known address of the person to be notified, whether within or without this state, or if no such address is known, in the place where the petition has been filed. (C) Notwithstanding the provisions of subparagraph (A) of this subdivision, in cases where the application is for involuntary representation pursuant to section 17b-456 or in cases where notice is provided pursuant to subparagraph (B) of this subdivision, the court shall further order notice by certified mail to the children of the respondent and if none, the parents of the respondent and if none the brothers and sisters of the respondent or their representatives, and if none, the next of kin of such respondent.
(3) The court shall order such notice as it directs to the following: (A) The applicant; (B) the person in charge of welfare in the town where the respondent is domiciled or resident and, if there is no such person, the first selectman or chief executive officer of the town if the respondent is receiving assistance from the town; (C) the Commissioner of Social Services, if the respondent is in a state-operated institution or receiving aid, care or assistance from the state; (D) the Commissioner of Veterans Affairs if the respondent is receiving veterans' benefits or the Veterans Residential Services facility, or both, if the respondent is receiving aid or care from said facility, or both; (E) the children of the respondent and if none, the parents of the respondent and if none, the brothers and sisters of the respondent or their representatives and if none, the next of kin of the respondent; and (F) the person in charge of the hospital, nursing home or some other institution, if the respondent is in a hospital, nursing home or some other institution.
(4) The court, in its discretion, may order such notice as it directs to other persons having an interest in the respondent and to such persons the respondent requests be notified.
(5) If personal service of the notice required in subsection (b) of this section is not made as required in subdivision (2) of this subsection, the court shall be deprived of jurisdiction over the application.
(b) The notice required by subdivision (2) of subsection (a) of this section shall specify (1) the nature of involuntary representation sought and the legal consequences thereof, (2) the facts alleged in the application, (3) the date, time and place of the hearing, and (4) that the respondent has a right to be present at the hearing and has a right to be represented by an attorney of the respondent's choice at the respondent's own expense. The notice shall also include a statement in boldface type of a minimum size of twelve points in substantially the following form:
This court has received an application to appoint a conservator for you. A conservator is a court-appointed legal guardian who may be assigned important decision-making authority over your affairs. If the application is granted and a conservator is appointed for you, you will lose some of your rights.
A permanent conservator may only be appointed for you after a court hearing. You have the right to attend the hearing on the application for appointment of a permanent conservator. If you are not able to access the court where the hearing will be held, you may request that the hearing be moved to a convenient location, even to your place of residence.
You should have an attorney represent you at the hearing on the application. If you are unable to obtain an attorney to represent you at the hearing, the court will appoint an attorney for you. If you are unable to pay for representation by an attorney, the court will pay attorney fees as permitted by the court's rules. Even if you qualify for payment of an attorney on your behalf, you may choose an attorney if the attorney will accept the attorney fees permitted by the court's rules.
If, after a hearing on the application, the court decides that you lack the ability to care for yourself, pay your bills or otherwise manage your affairs, the court may review any alternative plans you have to get assistance to handle your own affairs that do not require appointment of a conservator. If the court decides that there are no adequate alternatives to the appointment of a conservator, the court may appoint a conservator and assign the conservator responsibility for some or all of the duties listed below. While the purpose of a conservator is to help you, you should be aware that the appointment of a conservator limits your rights. Among the areas that may be affected are:
- Accessing and budgeting your money
- Deciding where you live
- Making medical decisions for you
- Paying your bills
- Managing your real and personal property
You may participate in the selection of your conservator. If you have already designated a conservator or if you inform the court of your choice for a conservator, the court must honor your request unless the court decides that the person designated by you is not appropriate.
The conservator appointed for you may be a lawyer, a public official or someone whom you did not know before the appointment. The conservator will be required to make regular reports to the court about you. The conservator may charge you a fee, under the supervision of the court, for being your conservator.”
(c) Notice to all other persons required by this section shall only be required to state that involuntary representation is sought, the nature of the involuntary representation sought, the legal consequences of the involuntary representation and the date, time and place of the hearing on the application for involuntary representation.
(d) If the respondent is unable to request or obtain an attorney for any reason, the court shall appoint an attorney to represent the respondent in any proceeding under this title involving the respondent. If the respondent is unable to pay for the services of such attorney, the reasonable compensation for such attorney 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.
(e) If the respondent notifies the court in any manner that the respondent wants to attend the hearing on the application but is unable to do so, the court shall schedule the hearing on the application at a place that would facilitate attendance by the respondent.
(P.A. 77-446, S. 3; 77-614, S. 521, 587, 610; P.A. 78-303, S. 85, 136; P.A. 79-358, S. 3; 79-501, S. 1; P.A. 80-476, S. 128; P.A. 81-223; P.A. 83-295, S. 25; P.A. 84-271, S. 4; P.A. 86-195, S. 1; P.A. 89-64; P.A. 90-31, S. 6, 9; P.A. 93-262, S. 1, 87; P.A. 96-170, S. 17, 23; P.A. 97-90, S. 5, 6; P.A. 00-99, S. 86, 154; P.A. 01-127, S. 2; P.A. 04-169, S. 20; P.A. 07-116, S. 14; P.A. 10-32, S. 136; P.A. 12-22, S. 26; P.A. 13-81, S. 9; P.A. 16-167, S. 44; P.A. 17-136, S. 11; P.A. 24-97, S. 4; P.A. 25-48, S. 5; 25-168, S. 80.)
History: P.A. 77-614 and P.A. 78-303 replaced commissioner of social services with commissioner of human resources, effective January 1, 1979; P.A. 79-358 required that commissioner of administrative services be issued citation to appear if respondent is receiving aid or care from the state; P.A. 79-501 authorized court to appoint attorney and to pay for his services if respondent is unable to do so and added provision re contents of notice to persons other than those listed in Subsec. (a)(1) in Subsec. (b); P.A. 80-476 reworded provisions; P.A. 81-223 amended Subsec. (a)(1) to add exception re notice in cases where application for involuntary representation is made pursuant to Sec. 46a-20 and there is no spouse; P.A. 83-295 amended Subsec. (b) to provide that the “reasonable compensation” for an attorney appointed to represent a respondent who is unable to pay shall be “established by” the judicial department; P.A. 84-271 amended Subsec. (a) by providing that the hearing date shall not be more than 30 days after receipt of the application unless continued for cause shown, by authorizing service upon counsel for the respondent or the appointed attorney if the court finds personal service upon the respondent would be detrimental to the respondent and by authorizing the court to order notice “to such persons the respondent requests be notified”; P.A. 86-195 amended Subsec. (a) by deleting requirement of personal service to person in charge of hospital, nursing home or other institution and substituting such notice as court directs to such person; P.A. 89-64 amended Subsec. (b) to provide that court-appointed counsel shall represent respondent in any proceeding under title where previously limited to hearings under the chapter; P.A. 90-31 amended Subsec. (b) by changing compensation of counsel from funds appropriated to the judicial department to the probate administration fund in an amount established by the probate court administrator; Sec. 45-70c transferred to Sec. 45a-649 in 1991; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 96-170 amended Subsec. (b) 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. 00-99 replaced reference to sheriff and deputy sheriff with state marshal in Subsec. (a), effective December 1, 2000; P.A. 01-127 amended Subsec. (a)(2)(D) by eliminating requirement that notice to Administrator of Veterans Affairs be by registered or certified mail; P.A. 04-169 amended Subsec. (a)(2)(D) to substitute Commissioner of Veterans' Affairs for Administrator of Veterans Affairs, to change the name of the Veterans Home and Hospital to the Veterans' Home and to make a technical change, effective June 1, 2004; P.A. 07-116 reorganized Subsec. (a) by inserting new Subdiv. designators (1) to (4), amended Subsec. (a)(1) to substitute “ten days” for “seven days” and add “or in the case of an application made pursuant to section 17a-543 or 17a-543a, at least seven days before the hearing date”, amended Subsec. (a)(2) to delete exception re service to respondent if detrimental to health or welfare of respondent, added Subsec. (a)(5) re court being deprived of jurisdiction if required personal service is not made, deleted former Subdiv. designators in Subsec. (b), amended Subsec. (b) to add “of the respondent's choice” re attorney representation and insert form of notice and statement to be provided to respondent, inserted new Subsec. (c) re notice to all other persons, designated existing provisions re appointment of attorney and place of hearing as Subsecs. (d) and (e), and made technical changes; P.A. 10-32 made technical changes in Subsec. (b), effective May 10, 2010; P.A. 12-22 amended Subsec. (a)(1) by adding Subpara. (A) re notice in matter under Secs. 45a-667g to 45a-667o and adding Subpara. (B) re notice in matter under Sec. 45a-667p; P.A. 13-81 amended Subsec. (a)(1) to add exception as provided in Sec. 45a-648(c) re date of hearing on application and make technical and conforming changes; P.A. 16-167 amended Subsec. (a)(3)(D) to replace “Commissioner of Veterans' Affairs” with “Commissioner of Veterans Affairs”, to replace “Veterans' Home” with “Veterans Residential Services facility” and to make a conforming change, effective July 1, 2016; P.A. 17-136 amended Subsec. (a)(3)(F) by adding “and if none, the next of kin of the respondent” and by making technical changes; P.A. 24-97 redesignated existing Subsec. (a)(2) as Subsec. (a)(2)(A) and amended same by adding “or the whereabouts of the spouse is unknown” and by making technical changes and added Subsec. (a)(2)(B) re notice by registered or certified mail, return receipt requested, or by publication, when service cannot be personally effected; P.A. 25-48 amended Subsec. (a)(2) by designating provisions re further court order of notice by certified mail to certain family members where application is for involuntary representation as Subsec. (a)(2)(C) and therein adding reference to Subsec. (a)(2)(B) re cases where notice is provided and making conforming changes, effective June 10, 2025; P.A. 25-168 amended Subsec. (a)(3) by deleting former Subpara. (E) re notice to Commissioner of Administrative Services if respondent receiving state aid or care and redesignating existing Subparas. (F) and (G) as Subparas. (E) and (F), effective January 1, 2026.
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Sec. 45a-652. (Formerly Sec. 45-71a). Application for appointment of conservator of the estate or involuntary representation. In the case of any application for the appointment of a conservator of the estate, as said terms are defined in section 45a-644, and, in the case of any application for involuntary representation, as defined in subsection (d) of section 45a-644, the application shall state that the respondent, as defined in subsection (e) of section 45a-644, either is or is not, receiving such aid or care from the state, whichever is true.
(P.A. 79-358, S. 2; P.A. 25-168, S. 81.)
History: Sec. 45-71a transferred to Sec. 45a-652 in 1991; P.A. 25-168 deleted requirement for court to send copy of application to Commissioner of Administrative Services if respondent receiving state aid or care, effective January 1, 2026.
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Sec. 45a-655. (Formerly Sec. 45-75). Duties of conservator of the estate. Application for distribution of gifts of income and principal from the estate. Determinations re breach of fiduciary duty. (a) A conservator of the estate appointed under section 45a-646, 45a-650 or 45a-654 shall, within two months after the date of the conservator's appointment, make and file in the Probate Court, an inventory, under penalty of false statement, of the estate of the conserved person, with the properties thereof appraised or caused to be appraised, by such conservator, at fair market value as of the date of the conservator's appointment. Such inventory shall include the value of the conserved person's interest in all property in which the conserved person has a legal or equitable present interest, including, but not limited to, the conserved person's interest in any joint bank accounts or other jointly held property. The conservator shall manage all the estate and apply so much of the net income thereof, and, if necessary, any part of the principal of the property, which is required to support the conserved person and those members of the conserved person's family whom the conserved person has the legal duty to support and to pay the conserved person's debts, and may sue for and collect all debts due the conserved person. The conservator, in the exercise of his or her duties and authority, shall be guided by the standards of practice adopted under subsection (h) of section 45a-77 and shall use the least restrictive means of intervention.
(b) Any conservator of the estate of a married person may apply such portion of the property of the conserved person to the support, maintenance and medical treatment of the conserved person's spouse which the Probate Court, upon hearing after notice, decides to be proper under the circumstances of the case.
(c) Notwithstanding the provisions of section 45a-177, the court may, and at the request of any interested party shall, require annual accountings from any conservator of the estate and the court shall hold a hearing on any such account with notice to all persons entitled to notice under section 45a-649.
(d) In the case of any person receiving public assistance, state-administered general assistance or Medicaid, the conservator of the estate shall apply toward the cost of care of such person any assets exceeding limits on assets set by statute or regulations adopted by the Commissioner of Social Services. Notwithstanding the provisions of subsections (a) and (b) of this section, in the case of an institutionalized person who has applied for or is receiving such medical assistance, no conservator shall apply and no court shall approve the application of (1) the net income of the conserved person to the support of the conserved person's spouse in an amount that exceeds the monthly income allowed a community spouse as determined by the Department of Social Services pursuant to 42 USC 1396r-5(d)(2)-(4), or (2) any portion of the property of the conserved person to the support, maintenance and medical treatment of the conserved person's spouse in an amount that exceeds the amount determined allowable by the department pursuant to 42 USC 1396r-5(f)(1) and (2), notwithstanding the provisions of 42 USC 1396r-5(f)(2)(A)(iv), unless such limitations on income would result in significant financial duress.
(e) Upon application of a conservator of the estate, after a hearing with notice to the Commissioner of Social Services and to all parties who may have an interest as determined by the court, the court may authorize the conservator to make gifts or other transfers of income and principal from the estate of the conserved person in such amounts and in such form, outright or in trust, whether to an existing trust or a court-approved trust created by the conservator, as the court orders to or for the benefit of individuals, including the conserved person, and to or for the benefit of charities, trusts or other institutions described in Sections 2055(a) and 2522(a) of the Internal Revenue Code of 1986, or any corresponding internal revenue code of the United States, as from time to time amended. Such gifts or transfers shall be authorized only if the court finds that: (1) In the case of individuals not related to the conserved person by blood or marriage, the conserved person had made a previous gift to that unrelated individual prior to being declared incapable; (2) in the case of a charity, either (A) the conserved person had made a previous gift to such charity, had pledged a gift in writing to such charity, or had otherwise demonstrated support for such charity prior to being declared incapable; or (B) the court determines that the gift to the charity is in the best interests of the conserved person, is consistent with proper estate planning, and there is no reasonable objection by a party having an interest in the conserved person's estate as determined by the court; (3) the estate of the conserved person and any proposed trust of which the conserved person is a beneficiary is more than sufficient to carry out the duties of the conservator as set forth in subsections (a) and (b) of this section, both for the present and foreseeable future, including due provision for the continuing proper care, comfort and maintenance of such conserved person in accordance with such conserved person's established standard of living and for the support of persons the conserved person is legally obligated to support; (4) the purpose of the gifts is not to diminish the estate of the conserved person so as to qualify the conserved person for federal or state aid or benefits; and (5) in the case of a conserved person capable of making an informed decision, the conserved person has no objection to such gift. The court shall give consideration to the following: (A) The medical condition of the conserved person, including the prospect of restoration to capacity; (B) the size of the conserved person's estate; (C) the provisions which, in the judgment of the court, such conserved person would have made if such conserved person had been capable, for minimization of income and estate taxes consistent with proper estate planning; and (D) in the case of a trust, whether the trust should be revocable or irrevocable, existing or created by the conservator and court approved. The court should also consider the provisions of an existing estate plan, if any. In the case of a gift or transfer in trust, any transfer to a court-approved trust created by the conservator shall be subject to continuing probate court jurisdiction in the same manner as a testamentary trust including periodic rendering of accounts pursuant to section 45a-177. Notwithstanding any other provision of this section, the court may authorize the creation and funding of a trust that complies with section 1917(d)(4) of the Social Security Act, 42 USC 1396p(d)(4), as from time to time amended. The provisions of this subsection shall not be construed to validate or invalidate any gifts made by a conservator of the estate prior to October 1, 1998.
(f) When determining whether a conservator has breached a fiduciary duty, the Probate Court having jurisdiction over the conservatorship may consider evidence of a conservator's failure to adhere to a provision contained in the standards of practice adopted under subsection (h) of section 45a-77 but such failure shall not, in itself, constitute a breach of fiduciary duty.
(1949 Rev., S. 6878; P.A. 73-34, S. 2; P.A. 77-446, S. 7; P.A. 80-476, S. 131; P.A. 81-349, S. 2, 5; P.A. 83-62; P.A. 85-523, S. 1, 9; P.A. 87-565, S. 2; P.A. 89-211, S. 45; P.A. 92-233, S. 2; P.A. 93-262, S. 1, 87; June 18 Sp. Sess. P.A. 97-2, S. 103, 165; P.A. 98-232, S. 2; P.A. 99-84, S. 28; June Sp. Sess. P.A. 01-2, S. 6, 69; June Sp. Sess. P.A. 01-9, S. 129, 131; P.A. 07-116, S. 19; P.A. 17-7, S. 3; P.A. 25-168, S. 82.)
History: P.A. 73-34 substituted “spouse” for “husband”, “person” for “woman” and made other changes which had distinguished persons under provisions by sex; P.A. 77-446 imposed deadline for return of inventory, removed provisions which had distinguished between conduct of conservator who is ward's spouse and conduct of other conservator, and added provisions allowing court to require annual accounting and to hold hearing on accounts; P.A. 80-476 divided section into Subsecs., rephrased provisions and substituted “property” for “estate”; P.A. 81-349 added Subsec. (d) requiring the conservator of the estate of any person receiving public or medical assistance to apply any assets exceeding limits set by statute or regulation toward the cost of such person's care; P.A. 83-62 added Subsec. (e) permitting conservator of the estate to pay and distribute gifts of income and principal from estate of ward subject to the approval of the court; P.A. 85-523 amended Subsec. (e) to delete provisions re intent of ward concerning continuation of gifts and added phrase “in the case of ward capable of making an informed decision”; P.A. 87-565 amended Subsec. (a) by changing “return” to “make and file in”, and added provision re appraisal of inventory at fair market value as of date of appointment of conservator and included all property in which ward has interest, including joint bank accounts; P.A. 89-211 clarified reference to the Internal Revenue Code of 1986; Sec. 45-75 transferred to Sec. 45a-655 in 1991; P.A. 92-233 amended Subsec. (d) by adding provisions re limits on amount of income and property applied to support of spouse of ward who is an applicant for or recipient of medical assistance; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of income maintenance, effective July 1, 1993; June 18 Sp. Sess. P.A. 97-2 amended Subsec. (d) to make technical and conforming changes re references to assistance and Medicaid, effective July 1, 1997; P.A. 98-232 amended Subsec. (e) to provide notice to Commissioner of Social Services, to permit court to authorize conservator to make gifts and other transfers of income from estate of ward to existing or court-approved trust for benefit of individuals, including ward, charities, trusts or other institutions, and to provide criteria for determining whether gift to charity will be permitted and the nature of the trust and continuing jurisdiction of Probate Court; P.A. 99-84 amended Subsec. (a) by deleting “oath” and inserting “penalty of false statement”; June Sp. Sess. P.A. 01-2 amended Subsec. (d) to make technical changes and delete provisions prohibiting application of certain income or property to support of ward's spouse, effective July 1, 2001; June Sp. Sess. P.A. 01-9 revised effective date of June Sp. Sess. P.A. 01-2 but without affecting this section; P.A. 07-116 substituted “conserved person” for “ward”, amended Subsec. (a) to provide that conservator shall use least restrictive means of intervention in exercise of duties and authority, and made technical changes; P.A. 17-7 amended Subsec. (a) by adding provision re conservator to be guided by standards of practice adopted under Sec. 45a-77(h), added Subsec. (f) re Probate Court determination as to whether conservator breached fiduciary duty, and made technical changes in Subsecs. (a), (b) and (e), effective July 1, 2018; P.A. 25-168 amended Subsec. (e) by deleting reference to hearing notice to Commissioner of Administrative Services, effective January 1, 2026.
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Sec. 45a-677a. Petition by plenary or limited guardian, protected person, protected person's legal representative or Commissioner of Developmental Services to manage the finances of a protected person whose assets do not exceed ten thousand dollars. (a) A plenary or limited guardian appointed under section 45a-676, a protected person or a protected person's legal representative, or the Commissioner of Developmental Services, or the commissioner's designee, may petition for a guardian to be granted authority to manage the finances of a protected person whose assets do not exceed ten thousand dollars. The petition shall be filed in the Probate Court that appointed the guardian. If a petition under this section is filed simultaneously with a guardianship petition under section 45a-670, the court may conduct one hearing on both petitions.
(b) The court shall cause notice of a hearing under this section to be given in the manner specified in sections 45a-671 and 45a-672. The protected person is entitled to counsel in accordance with section 45a-673 and has the right to attend the hearing as set forth in section 45a-675.
(c) At a hearing under this section, the court shall receive evidence on the ability of the protected person to manage his or her finances, including a written report or testimony by a Department of Developmental Services assessment team in accordance with section 45a-674.
(d) If the court finds by clear and convincing evidence that (1) the protected person's assets do not exceed ten thousand dollars, and (2) the protected person is unable to manage his or her finances, the court may authorize the plenary or limited guardian to hold and manage all or any part of the protected person's income and assets for the benefit of the protected person and may assign other specific duties to the guardian with respect to the protected person's finances. Except as provided in section 45a-139, or in rules of procedure adopted under section 45a-78, the court shall require a probate bond of the guardian. Unless excused by the court, the guardian shall file an inventory of all assets of the protected person not later than sixty days after the date on which the decree granting authority over the protected person's finances is mailed and shall submit periodic and final accounts in accordance with section 45a-177.
(e) The guardian's authority to manage the finances of the protected person shall terminate on the date on which the assets first exceed ten thousand dollars, provided the court may extend the guardian's authority for a period not to exceed sixty days if a person files a petition to appoint a conservator under sections 45a-644 to 45a-663, inclusive. The guardian shall inform the court, in writing, not later than thirty days after the date on which the protected person's assets first exceed ten thousand dollars.
(P.A. 17-136, S. 19; P.A. 25-79, S. 3.)
History: P.A. 17-136 effective January 1, 2018; P.A. 25-79 amended Subsec. (a) by adding “, a protected person or a protected person's legal representative, or the Commissioner of Developmental Services, or the commissioner's designee,” and making a conforming change, effective June 23, 2025.
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