Watching a loved one struggling with managing their own well-being due to disability, cognitive impairment, or advanced age, can be one of the most difficult situations a family can face. When a person is no longer able to make sound decisions about personal care or financial matters, Connecticut law provides a legal framework for guardianship to ensure their protection. At Darius Law Group LLC, we help families in Manchester and throughout Connecticut navigate this sensitive legal process, always putting the individual’s best interests first.

What is Guardianship of the Person?

In Connecticut, a guardianship is a legal arrangement where the court appoints a trusted individual (the guardian) to make decisions on behalf of an adult (the ward) who is unable to manage their own affairs due to incapacity. This is known as guardianship over the person.

A guardian’s responsibilities can be wide-ranging, including decisions regarding medical treatment, housing, and daily care. However, the fundamental principle is that guardianship should be customized to meet the individual needs of the ward, limiting the guardian’s authority only to areas where the ward’s capacity is truly impaired.

Types of Guardianship for Adults

Connecticut recognizes two main types of adult guardianship:

• The Guardian of the Person is responsible for making decisions about award’s personal well-being, including health care, living arrangements, education, and social activities. They are also responsible for ensuring that the ward’s basic needs are met.
• The Guardian of Estate manages the ward’s financial affairs, including paying bills, managing assets, and applying for public benefits. They ensure that the ward has access to the resources they need to live independently.

In many cases, one person can serve in both roles. However, the court may appoint separate individuals depending on the specific circumstances. The level of authority is clearly defined in the court’s appointment order and should align with the child’s individual needs.

The Legal Standard: When is a Guardian Appointed?

The threshold for appointing a guardian is high, as it significantly limits an individual’s rights. Under Connecticut General Statutes § 45a-650, a person can be deemed incapable of managing their affairs if they are unable to effectively receive and process information or communicate decisions to such an extent that they are unable meet essential requirements for their physical health or safety.

This legal standard ensures that guardianship is only used when a person’s cognitive or physical disabilities prevent them from meeting their basic needs, rather than simply because they make unwise decisions. The court’s process is designed to protect an individual’s rights at every stage.

The Guardianship Process in Connecticut

Establishing guardianship is a legal process in the Connecticut court system. It typically involves the following steps:

Filing the Petition

A concerned individual, often a family member, submits a “Petition for Guardianship” to the probate court in the area where the alleged incapacitated person lives. The petition should provide details of why a guardian is necessary.

Medical Examination

The court requires a recent medical report from a physician, psychologist, or registered nurse, often completed on a form provided by the court. This report provides critical evidence regarding the individual’s capacity.

Court Investigation & Hearing

A court-appointed attorney, also known as a Court-Appointed Counsel, will meet with the individual who is alleged to be incapacitated, investigate the circumstances, and represent their interests at a court hearing. The individual has the right to attend the hearing, contest the petition, and present evidence.

The Court’s Decision

After reviewing all the evidence, the judge will determine if the individual is incapacitated and if a guardian is needed. If so, the judge will issue an order of guardianship outlining the specific powers given to the guardian.

For a complete overview of the process and the required forms, please refer to the Connecticut Probate Court’s guide to Adult Guardianship and Conservatorship.

Alternatives to Full Guardianship

Connecticut law recognizes that full plenary guardianship is not always necessary, and the court encourages the use of less restrictive alternatives whenever possible. Some of these alternatives include:

• Durable Power of Attorney: A legal document created by a competent individual, appointing someone else to manage financial matters on their behalf.
• Healthcare Representative/Living Will: Advanced directives that allow an individual to designate someone else to make medical decisions for them in case they become incapacitated.
• Limited Guardianship: The court may grant limited authority over certain aspects of a person’s life, while leaving other rights and responsibilities intact.

Protecting Your Loved One’s Future

Ensuring the safety and dignity of adults with disabilities is a crucial responsibility. If you suspect that a loved one may require the protection of guardianship, it is important not to navigate this complex legal process alone.

Contact Darius Law Group LLC to schedule a confidential consultation with a compassionate guardianship attorney in Connecticut. They can help ensure your loved one’s safety and well-being.