(a) When appointing a guardian, coguardians or permanent guardian of the person of a minor, the court shall take into consideration the following factors: (1) The ability of the prospective guardian, coguardians or permanent guardian to meet, on a continuing day to day basis, the physical, emotional, moral and educational needs of the minor; (2) the minor's wishes, if he or she is over the age of twelve or is of sufficient maturity and capable of forming an intelligent preference; (3) the existence or nonexistence of an established relationship between the minor and the prospective guardian, coguardians or permanent guardian; and (4) the best interests of the child. There shall be a rebuttable presumption that appointment of a grandparent or other relative related by blood or marriage as a guardian, coguardian or permanent guardian is in the best interests of the minor child.
(b) Notwithstanding the provisions of section 45a-604, for purposes of this section and section 45a-106a, “minor” or “minor child” means (1) a person under the age of eighteen, or (2) an unmarried person under the age of twenty-one who (A) is dependent on a competent caregiver, (B) has consented to the appointment or continuation of a guardian after attaining the age of eighteen, and (C) files or on whose behalf is filed a petition for findings pursuant to section 45a-608n.
(P.A. 79-460, S. 12; P.A. 96-238, S. 18, 25; P.A. 09-185, S. 5; June 12 Sp. Sess. P.A. 12-1, S. 279; P.A. 18-92, S. 3.)
History: Sec. 45-45b transferred to Sec. 45a-617 in 1991; P.A. 96-238 added references to coguardians, allowed the court to take into consideration a minor's wishes, if he or she is over the age of 12 and required consideration of the best interests of the child, effective July 1, 1996; P.A. 09-185 added provision re applying rebuttable presumption concerning appointment of grandparent or other relative as guardian; June 12 Sp. Sess. P.A. 12-1 added references to permanent guardian and made a technical change; P.A. 18-92 designated existing provisions re appointment of guardian, coguardians or permanent guardian of a minor as Subsec. (a), and added Subsec. (b) re definitions of “minor” and “minor child”, effective July 1, 2018.
See Sec. 52-60 re appointment of probate judge as attorney for nonresident fiduciary.
Annotation to former section 45-45b:
Cited. 193 C. 393.
Annotations to present section:
Cited. 237 C. 233.
Cited. 44 CS 169.
Structure Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 802h - Protected Persons and Their Property
Section 45a-598. - Parental visitation of protected adult.
Section 45a-599. - Transfer of guardianship file between Probate Courts.
Section 45a-603. (Formerly Sec. 45-42). - Residence of minor defined.
Section 45a-604. (Formerly Sec. 45-42a). - Definitions.
Section 45a-605. (Formerly Sec. 45-42b). - Provisions construed in best interest of minor child.
Section 45a-606. (Formerly Sec. 45-43). - Father and mother joint guardians.
Section 45a-608. (Formerly Sec. 45-44a). - Temporary custody of minor. Rights and duties.
Section 45a-610. (Formerly Sec. 45-44c). - Removal of parent as guardian.
Section 45a-618. (Formerly Sec. 45-45c). - Enforcement of decree and award of custody by warrant.
Section 45a-619. (Formerly Sec. 45-45d). - Investigation by Commissioner of Children and Families.
Section 45a-621. (Formerly Sec. 45-45f). - Appointment of guardian ad litem.
Section 45a-623. - Transfer of proceeding to Superior Court or Regional Children's Probate Court.
Section 45a-624. - Designation of standby guardian of minor.
Section 45a-624a. - Consent of parents required for designation of standby guardian.
Section 45a-624b. - Form for designation of standby guardian.
Section 45a-624c. - Written statement that designation of standby guardian in full force and effect.
Section 45a-624d. - Authority of standby guardian.
Section 45a-624e. - Authority of standby guardian after death of principal.
Section 45a-624f. - Revocation of designation of standby guardian.
Section 45a-624g. - Probate Court to resolve disputes concerning designation of standby guardian.
Section 45a-625. - Guardian of person of minor to report to probate court re condition of minor.
Section 45a-629. (Formerly Sec. 45-47). - Appointment of guardian for minor's estate.
Section 45a-632. (Formerly Sec. 45-50). - Appointment of guardian of estate of nonresident minor.
Section 45a-634. (Formerly Sec. 45-53). - Inventory of ward's property by guardian of estate.
Section 45a-635. (Formerly Sec. 45-55). - Removal by foreign guardian of ward's personal property.
Section 45a-637. (Formerly Sec. 45-57). - Guardians of estate of minors may make partition.
Section 45a-638. (Formerly Sec. 45-57a). - Court may order guardian to convey real property.
Section 45a-644. (Formerly Sec. 45-70a). - Definitions.
Section 45a-645. (Formerly Sec. 45-70). - Naming of own conservator for future incapacity.
Section 45a-645a. - Recording of proceedings required.
Section 45a-645b. - Rules of evidence re hearings. Testimony.
Section 45a-645c. - Probate Court to schedule hearing to facilitate attendance by conserved person.
Section 45a-645d. - Appointment of successor conservator.
Section 45a-646. (Formerly Sec. 45-70e). - Petition for voluntary representation.
Section 45a-647. (Formerly Sec. 45-70f). - Release from voluntary representation.
Section 45a-652. (Formerly Sec. 45-71a). - Application for appointment of conservator of the estate.
Section 45a-654. (Formerly Sec. 45-72). - Appointment of temporary conservator. Duties.
Section 45a-657. (Formerly Sec. 45-75b). - Court to resolve conflicts between conservators.
Section 45a-659. (Formerly Sec. 45-76). - Conservator of nonresident's property.
Section 45a-662. (Formerly Sec. 45-77b). - Conveyance of property by order of court.
Section 45a-663. - Compensation of conservator if conserved person is unable to pay.
Section 45a-667. - Short title: Connecticut Uniform Adult Protective Proceedings Jurisdiction Act.
Section 45a-667a. - Definitions.
Section 45a-667b. - Applicability.
Section 45a-667c. - Treatment of foreign country.
Section 45a-667d. - Communication with court in another state. Recording of communication.
Section 45a-667e. - Request for assistance made to or received from a court of another state.
Section 45a-667f. - Testimony taken in another state. Evidence transmitted by technological means.
Section 45a-667g. - Jurisdiction: Definitions; significant connection factors.
Section 45a-667h. - Involuntary representation: Determination of jurisdiction. Hearing required.
Section 45a-667i. - Determination of jurisdiction re appointment of conservator.
Section 45a-667j. - Temporary conservators. Special jurisdiction.
Section 45a-667k. - Exclusive and continuing jurisdiction. Exceptions.
Section 45a-667l. - Declination of jurisdiction if court of another state is more appropriate forum.
Section 45a-667n. - Notice re petition when this state is not respondent's home state.
Section 45a-667o. - Petitions for involuntary representation filed in more than one state.
Section 45a-667p. - Transfer of conservatorship to another state.
Section 45a-667q. - Acceptance of conservatorship transferred from another state.
Section 45a-667r. - Registration of conservator of the person order from another state.
Section 45a-667s. - Registration of conservator of the estate order from another state.
Section 45a-667t. - Effect of registration of conservatorship order from another state.
Section 45a-667u. - Uniformity of application and construction.
Section 45a-667v. - Relation of act to Electronic Signatures in Global and National Commerce Act.
Section 45a-669. (Formerly Sec. 45-321). - Definitions.
Section 45a-670. (Formerly Sec. 45-322). - Petition for guardianship.
Section 45a-671. (Formerly Sec. 45-323). - Hearing on petition for guardianship. Notice.
Section 45a-672. (Formerly Sec. 45-324). - Notice of hearing.
Section 45a-675. (Formerly Sec. 45-327). - Right of respondent to be at hearing.
Section 45a-676. (Formerly Sec. 45-328). - Appointment of plenary guardian or limited guardian.
Section 45a-678. (Formerly Sec. 45-330). - Removal of plenary or limited guardian.
Section 45a-681. (Formerly Sec. 45-333). - Review of guardianship by court.
Section 45a-690. (Formerly Sec. 45-78p). - Definitions.
Section 45a-693. (Formerly Sec. 45-78s). - Hearing. Notice.
Section 45a-697. (Formerly Sec. 45-78w). - Informed consent. Refusal of sterilization.
Section 45a-699. (Formerly Sec. 45-78y). - Hearing. Evidence. Grounds for sterilization.
Section 45a-699a. - Stay of order or decree permitting sterilization.
Section 45a-703. - Application for determination of competency to vote.