(a) Except for an individual under voluntary representation as provided in section 45a-646, a conserved person, a conserved person's attorney, a conservator of the person or a conservator of the estate appointed in this state or any person who has received notice pursuant to subdivision (2) of subsection (a) of section 45a-649 may petition a Probate Court to transfer the conservatorship of the person or the conservatorship of the estate, or both, to another state.
(b) Notice of a petition under subsection (a) of this section shall be given to the persons that would be entitled to notice of a petition in this state for the appointment of a conservator of the person or conservator of the estate, or both.
(c) On the court's own motion or on request of the conserved person, the conserved person's attorney, the conservator of the person or the conservator of the estate or other person required to be notified of the petition, the court of probate shall hold a hearing on a petition filed pursuant to subsection (a) of this section.
(d) The court of probate shall issue a provisional order granting a petition to transfer a conservatorship of the person and shall direct the conservator of the person to petition for conservatorship of the person in the other state if the court of probate is satisfied that the conservatorship of the person will be granted by the court in the other state and the court finds that:
(1) The conserved person is physically present in or is reasonably expected to move permanently to the other state;
(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the conserved person, including the reasonable and informed expressed preferences of the conserved person;
(3) Plans for care and services for the conserved person in the other state are reasonable and sufficient, have been made after allowing the conserved person the opportunity to participate meaningfully in decision making in accordance with the conserved person's abilities, and include assisting the conserved person in removing obstacles to independence, assisting the conserved person in achieving self-reliance, ascertaining the conserved person's views, making decisions in conformance with the reasonable and informed expressed preferences of the conserved person, and making all reasonable efforts to make decisions in conformance with the conserved person's expressed health care preferences, including health care instructions and other wishes, if any, described in any validly executed health care instructions or otherwise; and
(4) If the transfer involves the termination of a tenancy or lease of a conserved person, the sale or disposal of any real property or household furnishings of the conserved person, a change in the conserved person's residence or the placement of the conserved person in an institution for long-term care, as defined in section 45a-656b, the requirements in section 45a-656b have been met.
(e) The court of probate shall issue a provisional order granting a petition to transfer a conservatorship of the estate and shall direct the conservator of the estate to petition for conservatorship of the estate in the other state if the court of probate is satisfied that the conservatorship of the estate will be accepted by the court of the other state and the court finds that:
(1) The conserved person is physically present in or is reasonably expected to move permanently to the other state, or the conserved person has a significant connection to the other state considering the factors set forth in subsection (b) of section 45a-667g;
(2) An objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the conserved person, including the reasonable and informed expressed preferences of the conserved person;
(3) Adequate arrangements will be made for management of the conserved person's property, and that such arrangements will be made in accordance with subsection (a) of section 45a-655; and
(4) The transfer is made in accordance with section 45a-656b.
(f) The court of probate shall issue a final order confirming the transfer and terminating the conservatorship of the person or conservatorship of the estate on its receipt of:
(1) A provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to those in section 45a-667q; and
(2) The documents required to terminate a conservatorship of the person or conservatorship of the estate in this state.
(P.A. 12-22, S. 17; P.A. 13-81, S. 15.)
History: P.A. 13-81 amended Subsec. (a) to substitute reference to Sec. 45a-646 for reference to Sec. 45a-647 and substitute “Probate Court” for “court of probate”, effective June 5, 2013.
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.