For the purposes of this section and sections 45a-645 to 45a-663, inclusive, the following terms shall have the following meanings:
(a) “Conservator of the estate” means a person, municipal or state official, corporation, limited liability company, partnership or other entity recognized under the laws of this state, whether or not operated for profit, except a hospital, nursing home facility, as defined in section 19a-521, or residential care home, as defined in section 19a-521, appointed by the Probate Court under the provisions of this section and sections 45a-645 to 45a-663, inclusive, to supervise the financial affairs of a person found to be incapable of managing his or her own affairs or of a person who voluntarily asks the Probate Court for the appointment of a conservator of the estate, and includes a temporary conservator of the estate appointed under the provisions of section 45a-654.
(b) “Conservator of the person” means a person, municipal or state official, corporation, limited liability company, partnership or other entity recognized under the laws of this state, whether or not operated for profit, except a hospital or nursing home facility as defined in section 19a-521, appointed by the Probate Court under the provisions of this section and sections 45a-645 to 45a-663, inclusive, to supervise the personal affairs of a person found to be incapable of caring for himself or herself or of a person who voluntarily asks the Probate Court for the appointment of a conservator of the person, and includes a temporary conservator of the person appointed under the provisions of section 45a-654.
(c) “Incapable of caring for one's self” or “incapable of caring for himself or herself” means that a person has a mental, emotional or physical condition that results in such person being unable to receive and evaluate information or make or communicate decisions to such an extent that the person is unable, even with appropriate assistance, to meet essential requirements for personal needs.
(d) “Incapable of managing his or her affairs” means that a person has a mental, emotional or physical condition that results in such person being unable to receive and evaluate information or make or communicate decisions to such an extent that the person is unable, even with appropriate assistance, to perform the functions inherent in managing his or her affairs, and the person has property that will be wasted or dissipated unless adequate property management is provided, or that funds are needed for the support, care or welfare of the person or those entitled to be supported by the person and that the person is unable to take the necessary steps to obtain or provide funds needed for the support, care or welfare of the person or those entitled to be supported by the person.
(e) “Involuntary representation” means the appointment of a conservator of the person or a conservator of the estate, or both, after a finding by the Probate Court that the respondent is incapable of managing his or her affairs or incapable of caring for himself or herself.
(f) “Respondent” means an adult person for whom an application for involuntary representation has been filed or an adult person who has requested voluntary representation.
(g) “Voluntary representation” means the appointment of a conservator of the person or a conservator of the estate, or both, upon request of the respondent, without a finding that the respondent is incapable of managing his or her affairs or incapable of caring for himself or herself.
(h) “Conserved person” means a person for whom involuntary representation is granted under this section and sections 45a-645 to 45a-663, inclusive.
(i) “Personal needs” means the needs of a person including, but not limited to, the need for food, clothing, shelter, health care and safety.
(j) “Property management” means actions to (1) obtain, administer, manage, protect and dispose of real and personal property, intangible property, business property, benefits and income, and (2) deal with financial affairs.
(k) “Least restrictive means of intervention” means intervention for a conserved person that is sufficient to provide, within the resources available to the conserved person either from the conserved person's own estate or from private or public assistance, for a conserved person's personal needs or property management while affording the conserved person the greatest amount of independence and self-determination.
(P.A. 77-446, S. 1; P.A. 80-476, S. 123; P.A. 84-271, S. 1; P.A. 93-184; P.A. 05-154, S. 2; P.A. 07-116, S. 10; P.A. 12-22, S. 24; P.A. 13-208, S. 58; P.A. 16-7, S. 8.)
History: P.A. 80-476 reordered Subdivs. to place terms in alphabetical order; P.A. 84-271 amended the definitions of “conservator of the estate” and “conservator of the person” to include a “municipal” official, deleting the requirement that a state official be “legally authorized”, and to include a temporary conservator appointed under Sec. 45-72; Sec. 45-70a transferred to Sec. 45a-644 in 1991; P.A. 93-184 amended Subsecs. (c) and (d) by deleting references to “advanced age”; P.A. 05-154 amended Subsec. (c) to define “incapable of caring for himself or herself”; P.A. 07-116 substituted “45a-663” for “45a-662”, redefined “incapable of caring for one's self” and “incapable of managing his or her affairs”, substituted “conserved person” for “ward”, defined “personal needs”, “property management” and “least restrictive means of intervention”, and made technical changes; P.A. 12-22 changed “nursing home” to “nursing home facility” in Subsecs. (a) and (b); P.A. 13-208 redefined “conservator of the estate” by adding reference to residential care home and making a technical change, effective July 1, 2013; P.A. 16-7 redefined “conservator of the estate”, redefined “conservator of the person” and made technical changes.
Annotation to former section 45-70a:
Cited. 199 C. 524.
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.