(a) An individual subject to a guardianship or involuntary representation under this chapter may petition for and is entitled to the benefit of the writ of habeas corpus without having previously exhausted other available remedies including, but not limited to, the right to appeal the order of guardianship or involuntary representation. The question of the legality of such guardianship or involuntary representation shall be determined by the court or judge issuing such writ.
(b) A writ of habeas corpus shall be directed to the guardian of the person or the estate of the ward or to the conservator of the conserved person and if illegality or invalidity of the guardianship or involuntary representation is alleged in such writ, a copy shall also be directed to the judge of the court that issued the order as to such claim.
(c) A petition for a writ of habeas corpus under this section shall be brought to either the Superior Court or the Probate Court.
(d) If such petition has been brought in the Probate Court, the Probate Court Administrator shall appoint a three-judge court to hear such petition from among the probate judges who are approved to hear such petitions by the Chief Justice of the Supreme Court, provided the Probate Court Administrator shall not appoint the judge of the Probate Court who issued the order as a member of the three-judge court. No such petition shall be denied without the vote of at least two judges of the three-judge court. The judges of such three-judge court shall designate a chief judge from among their members. The three-judge court shall cause a recording to be made of all proceedings held under this section. The recording shall be part of the court record and shall be made and retained in a manner approved by the Probate Court Administrator. All records for any case before the three-judge court shall be maintained in the Probate Court in which the conservator or guardian was appointed.
(e) A hearing held under this section shall be heard not later than ten days, excluding Saturdays, Sundays and holidays, after return of service of the writ.
(f) If the court decides that the guardianship or involuntary representation is not illegal, such decision shall be considered a final judgment and subject to appeal.
(g) If the court decides that the guardianship or involuntary representation is not illegal, such decision shall not bar issuance of such a writ again, provided it is claimed that such person is no longer subject to the condition for which the person was conserved or such application is based on a ground different from that relied on in an earlier application. Such writ may be applied for by an individual subject to guardianship or involuntary representation or on the behalf of such individual by any relative, friend or person interested in such individual's welfare.
(h) An appeal to the Superior Court of a decision rendered by a three-judge court under this section shall be filed in the judicial district in which the Probate Court that issued the order appointing a guardian or conservator is located or, if the Probate Court that issued the order is located in a probate district that extends into more than one judicial district, in any judicial district in which any part of the probate district is located. Such appeal shall be heard not later than thirty days of the return of service of the appeal.
(P.A. 07-116, S. 24; P.A. 15-217, S. 6.)
History: P.A. 15-217 amended Subsecs. (a), (c) and (d) by substituting references to petition for references to apply or application, amended Subsec. (f) by deleting “or judge before whom such a writ is brought”, amended Subsec. (g) by deleting “or judge before whom such case is brought”, amended Subsec. (h) by adding provision re venue for filing appeal when probate district extends into more than 1 judicial district, and made technical changes.
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.