When a minor child or adult is unable to make important life decisions because of incapacity, Connecticut law allows for the appointment of a guardian who acts in their best interests. This role is highly personal, often taken out of love and concern for the individual’s well-being, but it also involves significant legal responsibilities. 

At Darius Law Group LLC, we help families in Manchester and throughout Connecticut understand and fulfill their duties as guardians. We ensure compliance with state laws and protect the rights of those under our care.

Understanding Guardianship in Connecticut

In Connecticut, guardianship is established through the probate court when an individual, typically a minor child or an incapacitated adult, is deemed unable to manage their personal affairs or make informed decisions. The court then appoints a guardian to make decisions regarding their care, safety, and well-being. This process is guided by the Connecticut General Statutes, Chapter 800a.

It is important to understand the different types of guardianship and their implications. For minors, guardians may be appointed if both parents are unable or unwilling to take care of the child. In these cases, the guardian takes on many of the roles of a parent, such as making decisions about education, health care, and daily life. However, it is important to note that guardianship does not always include the right to receive child support, which is a common misconception that we often address in our firm.

Key Responsibilities of a Guardian

A guardian in Connecticut has a legal obligation to act in the best interests of the person under their care. These duties are both moral and enforceable by law. The Probate Court expects guardians to:

• ​​Ensure the physical and emotional well-being of the ward
• Provide a safe and stable living environment for the ward
• Make informed decisions about the ward’s medical care and education
• If appointed as a financial guardian, manage the ward’s finances responsibly
• Regularly report to the court about the ward’s status

For parents or guardians of children, this often involves enrolling their child in school, making medical appointments and providing daily supervision. If a parent or guardian has been given financial authority, they are responsible for managing any assets or income on behalf of their child and filing annual reports with the court as required by CGS §45a-342.

Guardianship and Child Support

One of the most common questions we receive at Darius Law Group is whether a guardian is entitled to child support. While there is no simple answer, it depends on the specific circumstances. Generally, a guardian does not automatically receive child support payments. Child support is usually paid by the non-custodial parent to the custodial parent. However, in some cases a guardian can petition the court for financial support from the biological parents.

Under Connecticut law, parents have a legal duty to support their children regardless of who has custody. If a guardian is caring for a minor, they may file a motion in family court to compel parents to contribute financially. This process is separate from guardianship proceedings and requires a formal determination of child support based on the parents’ income, the child’s needs and other factors outlined in Connecticut Child Support Guidelines. 

It is important to note that public benefits such as TANF and SSI may affect eligibility for additional support. An experienced guardian attorney can navigate these complexities to advocate for the necessary financial resources to care for a child.

Court Oversight and Accountability

Guardianship is not a personal arrangement – it is a role supervised by the court. Guardians must be accountable to the probate court that appointed them. This means submitting regular reports, getting court approval for important decisions (like moving out of state) and attending review meetings. If they don’t follow these rules, the court may remove the guardian.

Protect Your Loved One with Legal Support

Establishing guardianship can be a responsible and necessary step to protect vulnerable individuals. However, it also comes with legal obligations that must be taken seriously. If you are considering guardianship for a loved one in Connecticut, it is important to fully understand your role and have an experienced attorney on your side. 
Darius Law Group is dedicated to assisting families in navigating the legal system with care and confidence. Contact us to discuss your guardianship concerns and we offer competitive rates and flexible payment options. We believe that everyone deserves access to high-quality legal representation.