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Guardianship in Connecticut
A Guide to Resources in the Law Library
Sections in this chapter:
§ 2. Types of guardianships in Connecticut
§ 2a.Guardians of the person of a minor
§ 2a.4.Guardians and coguardians appointed by the courts
§ 2b.Guardian of the estate of a minor
§ 2c.Testamentary guardian or guardian designated by parent in event of parent’s death
§ 2d.Guardians of mentally retarded adults
§ 3. Jurisdiction of the courts over guardianship
§ 4. Rights and duties of a guardian
§ 6. Child’s or respondent’s wishes
§ 7. Termination of guardianship
Tables in this chapter
Table 1. Consent by minor parent
Table 2. Commitment of child or youth
Table 3. Sovereign immunity of state officials
Table 4. Parental appointment of guardian in event of parent’s death
Table 5. Jurisdiction of Connecticut courts
Table 6. ALR annotations on rights of guardians of minors
Table 7. ALR Annotations on rights of guardians of adult incompetent
Table 8. Factors used in choosing a guardian
Treated Elsewhere: Guardian ad litem
Grounds for Guardianship
A Guide to Resources in the Law Library
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SCOPE & CURRENCY: |
· Bibliographic resources relating to the grounds for guardianship. · 2007-2008 edition
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DEFINITION:
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· Guardianship: “means guardianship of the person of a minor, and includes: (A) The obligation of care and control; (B) the authority to make major decisions affecting the minor's education and welfare, including, but not limited to, consent determinations regarding marriage, enlistment in the armed forces and major medical, psychiatric or surgical treatment; and (C) upon the death of the minor, the authority to make decisions concerning funeral arrangements and the disposition of the body of the minor . . . . Conn. Gen. Stat. § 45a-604(5) (2007). · Father and mother joint guardians: “The father and mother of every minor child are joint guardians of the person of the minor, and the powers, rights and duties of the father and the mother in regard to the minor shall be equal. If either father or mother dies or is removed as guardian, the other parent of the minor child shall become the sole guardian of the person of the minor.” Conn. Gen. Stat. § 45a-606 (2007). · Limitation on receipt or use of minor's property by parent, guardian or spouse: A parent of a minor, guardian of the person of a minor or spouse of a minor shall not receive or use any property belonging to the minor in an amount exceeding ten thousand dollars in value unless appointed guardian of the estate of the minor, except that such parent, guardian or spouse may hold property as a custodian under the provisions of sections 45a-557 to 45a-560b, inclusive, without being so appointed.” Conn. Gen. Stats. § 45a-631(a) (2007). · Coguardians: “If any minor has a parent or guardian, who is the sole guardian of the person of the child, the court of probate for the district in which the minor resides may, on the application of the parent or guardian of such child or of the Commissioner of Children and Families with the consent of such parent or guardian and with regard to a child within the care of the commissioner, appoint one or more persons to serve as coguardians of the child.” Conn. Gen. Stat. § 45a-616(b) (2007).
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STATUTES:
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· Conn. Gen. Stat. (2007) Chapter 802h. Protected persons and their property Part II. Guardians of the person of a minor § 45a-604. Definitions § 45a-606. Father and mother joint guardians § 45a-616. Appointment of guardian or coguardian for minor; rights same as of sole surviving parent § 45a-617. Appointment of guardian or coguardian of the person of a minor § 45a-631. Limitation on receipt or use of minor’s property by parent, guardian or spouse. Release.
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WEST KEY NUMBERS: |
· Guardian and Ward # 1-4. Guardianship in general # 1. The relation in general # 2. Power to control guardianship # 3. What law governs # 4. Guardians by nature
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COURT CASES
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· Antedomenico v. Antedomenico, 142 Conn. 558, 562,115 A.2d 659 (1955). “While the rights of the respective parents are important and deserve sympathetic regard the paramount consideration in awarding custody of minor children in any proceeding is the welfare and happiness of the child. Krasnow v. Krasnow, 140 Conn. 254, 260, 99 A.2d 104; Scott v. Furrow, 141 Conn. 113, 120, 104 A.2d 224. The contest is not one primarily to determine the rights of the respective parties but rather the best interests of the child.” · “In Antedomenico v. Antedomenico, 142 Conn. 558, 115 A.2d 659, it was held that the interests of the child were so predominant that even though the father had established a good home and was a fit parent, the child’s interests were better served by remaining with the maternal grandparents where he had been well cared for.” Perricone v. Perricone, No. FA-03-0481765 (J.D. New Haven, Aug. 10, 2005), 2005 WL 3292538 (Conn. Super. 2005), 2005 Conn. Super. LEXIS 3101 (Conn. Super. Ct. Aug. 10, 2005). · In Re Tayquon H., 76 Conn. App. 693, 710, 821 A.2d 796 (2003). “Although the issues are clouded by the appointment of an attorney as well as a guardian ad litem to represent the interests of the child, S, the absence of an enumerated list of the duties of the guardian ad litem does not prevent us from resolving the issues presented by this case because we conclude that the guardian ad litem supersedes the role of the natural guardian to speak for the child's best interest in the present litigation. In contrast to a guardian of a person who has physical control of the minor or a guardian of an estate who has legal control over the minor's financial affairs, the guardian ad litem is appointed by a court and granted limited powers to represent the interest of the child in a particular court proceeding.” · State v. Springmann, 69 Conn. App. 400, 408, 794 A.2d 1071 (2002). "In fact, the record is clear that the state of Connecticut maintained guardianship over the victim C at all times, even if she was in the foster care of the defendant . . . . It is the commissioner of children and families who is a designated guardian and not a foster parent." · Cookson v. Cookson, 201 Conn. 229, 235, 514 A.2d 323 (1986). "In this instance, prior to judicial intervention, neither parent had an exclusive right to the custody of the children; their rights were joint and equal." · Hao Thi Popp v. Lucas, 182 Conn. 545, 551-552, 438 A.2d 755 (1980). "Thus, the plaintiff has a constitutional right to preserve her parental rights in the absence of a powerful countervailing state interest . . . .This amounts to a presumption which the defendant must overcome. To the extent that the language in such cases as . . . Antedomenico v. Antedomenico, 142 Conn. 558, 562, 115 A.2d 659 (1955), which involved custody contests between biological parents, suggests a rule different from that which we articulate today for disputes involving a third party, those cases are hereby overruled. · Antedomenico v. Antedomenico, 142 Conn. 558, 562, 115 A.2d 659 (1955). “If one parent is in default of his parental obligations, he or she may be deprived of the right to have the care and custody of a minor child, and that right may be conferred upon the other . . . . The state is primarily interested in having the status of husband and wife, with joint guardianship of children, maintained. When it is disrupted, the state must exercise its duties as parens patriae in the interests of the child.” · Apthorp v. Backus, 1 Kirby 407, 410 (Conn. 1788). “It is, indeed, the duty of judges of probate to see that infants who need guardians have them . . .”
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TEXTS & TREATISES:
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· Ralph H. Folsom & Gayle B. Wilhelm , Incapacity, Powers Of Attorney and Adoption in Connecticut 3d (2006). Chapter 3. Guardianship § 3:7. Types of guardianships of minors § 3:9. Jurisdiction over the guardianship of minor’s person § 3:16. Probate court jurisdiction over guardianship of minor’s estate · Ann M. Haralambie, Handling Child Custody, Abuse and Adoption Cases (1993). Chapter 12 Guardianship § 12.11. Grounds for guardianship
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COMPILER: |
Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Department, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. Email
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“There are two types of guardianship for minors: guardianship of the person of a minor and guardianship of the estate of a minor. A guardian of the person has the responsibility to care for the person of the minor. A guardian of the estate is required to manage the property of the minor.”
Probate Court Frequently Asked Questions: http://www.jud.state.ct.us/probate/faq.html#GUARDIANSHIPS
Guardianship: “means guardianship of the person of a minor, and includes: (A) The obligation of care and control; (B) the authority to make major decisions affecting the minor's education and welfare, including, but not limited to, consent determinations regarding marriage, enlistment in the armed forces and major medical, psychiatric or surgical treatment; and (C) upon the death of the minor, the authority to make decisions concerning funeral arrangements and the disposition of the body of the minor . . . . Conn. Gen. Stat. § 45a-604(5) (2007)
Guardianship of the estate of the minor: “When a minor is entitled to property, the court of probate for the district in which the minor resides may assign a time and place for a hearing on the appointment of a guardian of the estate of the minor. The court shall cause reasonable notice of hearing to be given to (1) the parents or guardian of the person of the minor, (2) the minor, if the minor is twelve years of age or older, and (3) such other persons as it determines. Any person entitled to notice of the hearing may waive such notice.” Conn. Gen. Stat. § 45a-629(a) (2007).
A Guide to Resources in the Law Library
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SCOPE: |
· Bibliographic resources relating to parents as guardians of minors in Connecticut
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DEFINITION:
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· Parents as joint guardians: “The plain purpose of the statute was to make the legal rights of the father and the mother equal as joint guardians. Though they live separate and apart their legal rights as guardians remain equal.” Pfeiffer v. Pfeiffer, 99 Conn. 154, 157, 121 A. 174 (1923). · Until a court determines otherwise, both parents are the co-equal guardians of the person of their minor children.” Treat v. Verderame, 27 CONN. L. RPTR. 483 (September 18, 2000), 2000 WL 1058684 (Conn. Super. 2000). · Mother: “means a woman who can show proof by means of a birth certificate or other sufficient evidence of having given birth to a child and an adoptive mother as shown by a decree of a court of competent jurisdiction or otherwise;” Conn. Gen. Stat. § 45a-604(1) (2007). · Father: “means a man who is a father under the law of this state including a man who, in accordance with section 46b-172, executes a binding acknowledgment of paternity and a man determined to be a father under chapter 815y . . . .” Conn. Gen. Stat. § 45a-604(2) (2007). · Parent: “means a mother as defined in subdivision (1) of this section or a "father" as defined in subdivision (2) of this section” Conn. Gen. Stat. § 45a-604(3) (2007). · Presumption re best interest of the child to be in custody of parent: “In any dispute as to the custody of a minor child involving a parent and a nonparent, there shall be a presumption that it is in the best interest of the child to be in the custody of the parent, which presumption may be rebutted by showing that it would be detrimental to the child to permit the parent to have custody.” Conn. Gen. Stat. § 46b-56b (2007).
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STATUTES:
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· Conn. Gen. Stat. (2007) Chapter 368i. Anatomical donations § 19a-285. Consent by minor to medical, dental, health or hospital services for child Chapter 802h. Protected persons and their property Part II. Guardians of the person of a minor § 45a-605. Provisions construed in best interest of minor child § 45a-606. Father and mother joint guardians § 45a-609. Application for removal of parent as guardian. Notice. Examination § 45a-610. Removal of parent as guardian § 45a-611. Reinstatement of parent as guardian of the person of minor. § 45a-612. Visitation rights of parent removed as guardian. § 45a-623. Transfer of contested proceeding to Superior Court or another judge of probate § 45a-624a. Consent of parent required for designation of standby guardian. Chapter 815j. Dissolution of marriage, legal separation and annulment § 46b-56b. Presumption re best interest of child to be in custody of parent
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LEGISLATIVE: |
· Saul Spigel, Connecticut General Assembly Office of Legislative Research Report No. 2001-R-0274 Guardians’ Consent to Use of Experimental Drugs by People with Mental Retardation (2001). “You asked if any states allow guardians of people with mental retardation to consent to experimental drug treatment for their wards.”
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FORMS:
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· Probate Court PC-500. Application/Removal of guardian PC-520. Order of notice, temporary custody or removal and appointment of guardian PC-530. Notice/Receipt of application for removal of guardian PC-560. Decree/Removal of guardian and appointment
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WEST KEY NUMBERS: |
· Guardian and Ward # 4. Guardians by nature # 25. Removal of guardian # 26. Death of guardian
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DIGESTS:
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· Dowling’s Digest: Guardian and Ward § 1. In general; Appointment · Connecticut Family Law Citations: Guardian
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COURT CASES
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· In Re Crystal H., Connecticut Superior Court, Juvenile Matters at Middletown (May 22, 2002), 32 Conn. L. Rptr. 127, 2002 WL 1336088 (Conn.Super. 2002). “The Probate Court ordered removal of the child to a distant state and the placement of the child with a non-parental guardian without his knowledge or consent. The placement of the child in a different school was a direct and necessary consequence. All three of these decisions trample on father's basic guardianship rights and responsibilities. While the decision may have been in the best interest of the child, the father had no opportunity to consider that question or take a position on it before the Probate Court appointed the temporary guardian and the child was removed to Arizona.” · Doe v. Doe, 244 Conn. 403, 455, 710 A.2d 1297 (1998). "As these authorities make clear, the presumption does not mean that the nonparent must, in order to rebut it, prove that the parent is unfit. It means that the parent has an initial advantage, and that the nonparent must prove facts sufficient to put into issue the presumed fact that it is in the child's best interest to be in the parent's custody. Once those facts are established, however, the presumption disappears, and the sole touchstone of the child's best interests remains irrespective of the parental or third party status of the adults involved. In that instance, then, neither adult - the parent or the third party - enjoys any advantage or suffers any disadvantage as a result of his or her parental or third party status." · Bristol v. Brundage, 24 Conn. App. 402, 405, 589 A.2d 1 (1991). This statute [§ 46b-56b] was enacted to counteract the holding of McGaffin v. Roberts [below] . . . which held that 45-43 (now 45a-606) did not create a presumption that a surviving parent is entitled to preference in a custody dispute." · McGaffin v. Roberts, 193 Conn. 393, 407, 479 A.2d 176 (1984), cert. denied, 470 U.S. 1050, 105 S.Ct. 1747, 84 L.Ed. 2d 813 (U.S. 1985). “Thus the factor of parenthood is to be property considered in the aggregate of all those circumstances that a trial court is entitled to consider in exercising its broad discretion in deciding what is in the best interests of a minor child.” · Posey v. Yandell, 26 Conn. Supp. 320, 323, 222 A.2d 747 (1966). “Upon the death of the mother, the plaintiff became the sole guardian of the child Carolyn. It follows that the plaintiff has a prior right to custody unless the circumstances are such that to give it to him would not be for the best interest of the child.” · Antedomenico v. Antedomenico, 142 Conn. 558, 562, 115 A.2d 659 (1955). “If one parent is in default of his parental obligations, he or she may be deprived of the right to have the care and custody of a minor child, and that right may be conferred upon the other . . . . The state is primarily interested in having the status of husband and wife, with joint guardianship of children, maintained. When it is disrupted, the state must exercise its duties as parens patriae in the interests of the child.”
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ENCYCLOPEDIAS: |
· 39 Am Jur 2d Guardian and Ward (1999). § 5. Parents as joint guardians § 6. Rights of father § 7. Rights of mother § 8. Rights of other relatives § 9. Incidents of guardianship by nature § 10. Transfer of guardianship or custody of child · 39 C.J.S. Guardian and Ward (2003). § 3. Classes or kinds of guardians.
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TEXTS & TREATISES:
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· Ralph H. Folsom & Gayle B. Wilhelm , Incapacity, Powers Of Attorney and Adoption in Connecticut 3d (2006). Chapter 3. Guardianship § 3.2. Guardianship of minors. Parent and child—statutory guardians of the person, custody and control, termination of parental rights, statutory parent § 3:3. —Right to services and earnings, effects of emancipation § 3:4. —Duty to support § 3:10. Removal of parents or other guardians of minor’s person, temporary custody orders, visitation and reinstatement rights, appointment of guardian or co-guardian · 1 Donald T. Kramer, Legal Rights Of Children (Rev. 2d ed. 1995). Chapter 2. Child custody § 2:18. Preference of the natural parent(s) over others; generally · 8 Arnold H. Rutkin et al., Connecticut Practice Series, Family Law and Practice With Forms (2000). Chapter 42. Child Custody and Visitation § 42.1. Parental custody rights—generally § 42.2. Right of unmarried or non-cohabiting parents § 44.19. Death of custodial parent
q Lynn B. Cochrane, Child Protection. "Basic Principles: Guardianship of the Person of the Minor in Probate Court," pp. XVII-26, 28-30.
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WEB SITES: |
http://www.jud.state.ct.us/probate/faq.html#GUARDIANSHIPS
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COMPILER: |
Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Department, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. Email
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Table 1 Consent by minor parent
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CONN. GEN. STATS. § 19a-285 (2007)
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Consent by minor parent to medical, dental, health or hospital services for child
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Treatments |
(a) Any minor who has been married or who has borne a child may give effective consent to medical, dental, health and hospital services for his or her child.
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Liability for costs |
(b) Any such minor who has given effective consent as provided in subsection (a) of this section shall be legally liable for any fees, costs or expenses incurred as a result of the rendering of any such service.
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A Guide to Resources in the Law Library
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SCOPE: |
· Bibliographic resources relating to standby guardians in Connecticut
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TREATED ELSEWHERE:
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· Parents as guardians § 3.2a.1 · Standby guardians § 3.2a.2
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DEFINITIONS:
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· Temporary guardian: “Any parent or guardian of the person of a minor may apply to the court of probate for the district in which the minor lives for the appointment of a temporary guardian of the person to serve for no longer than one year if the appointing parent or guardian is unable to care for the minor for any reason including, but not limited to, illness and absence from the jurisdiction. The temporary guardian will cease to serve when the appointing parent or guardian notifies the probate court and the temporary guardian to that effect.” Conn. Gen. Stat. § 45a-622(a) (2007). · Rights and obligations of the temporary guardian: “The rights and obligations of the temporary guardian shall be those described in subdivisions (5) and (6) of section 45a-604.” Conn. Gen. Stat. § 45a-622(b) (2007). · Liability of the temporary guardian: “A temporary guardian is not liable as a guardian pursuant to section 52-572.” Conn. Gen. Stat. § 45a-622(b) (2007).
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STATUTES:
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· Conn. Gen. Stat. (2007) Chapter 802h. Protected persons and their property Part II. Guardians of the person of a minor § 45a-605. Provisions construed in best interest of minor child § 45a-622. Appointment of temporary guardian. Application. Rights and obligations
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LEGISLATIVE:
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· 1999 Conn. Acts 84 § 9 (Reg. Sess.). “Any person appointed as guardian of the person of a minor pursuant to sections 45a-603 to 45a-624g, inclusive, of the general statutes shall report at least annually to the probate court which appointed the guardian regarding the condition of the minor.” Substitute House Bill No. 6685.
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FORMS: |
· Probate Court Form PC-504. Application, appointment of temporary guardian Form PC-564. Decree, appointment of temporary guardian
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CASES: |
· In Re Crystal H., 32 Conn. L. Rptr. 127, 2002 WL 1336088 (Conn.Super. 2002). “Her [the mother’s] decision to temporarily relinquish both her custodial and guardianship rights temporarily should not adversely impact the father's rights.”
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TEXTS & TREATISES:
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· Ralph H. Folsom & Gayle B. Wilhelm , Incapacity, Powers Of Attorney and Adoption in Connecticut 3d (2006). Chapter 3. Guardianship § 3:7. Types of guardians of minors · 1 Ann M. Haralambie, Handling Child Custody, Abuse and Adoption Cases (1993). Chapter 12. Guardianship § 12.05. Temporary guardianship
q Lynn B. Cochrane, Child Protection. "Basic Principles: Guardianship of the Person of the Minor in Probate Court," p. XVII-27
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COMPILER: |
Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Department, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. Email
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A Guide to Resources in the Law Library
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SCOPE: |
· Bibliographic resources relating to standby guardians in Connecticut
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TREATED ELSEWHERE:
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DEFINITIONS:
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· Standby guardian of minor: “A parent or guardian, as principal, may designate a standby guardian of a minor in accordance with the provisions of sections 45a-624 to 45a-624g, inclusive. Such designation, in a form as provided in section 45a-624b, shall take effect upon the occurrence of a specified contingency, including, but not limited to, the mental incapacity, physical debilitation or death of the principal, provided a written affidavit statement signed under penalty of false statement has been executed pursuant to section 45a-624c that such contingency has occurred. A designation of a standby guardian shall be in writing and signed and dated by the principal with at least two witnesses. The principal shall provide a copy of such designation to the standby guardian.” Conn. Gen. Stat. § 45a-624 (2007).
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STATUTES:
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· Conn. Gen. Stat. (2007) Chapter 802h. Protected persons and their property Part II. Guardians of the person of a minor § 45a-622. Appointment of temporary guardian. Application. Rights and obligations § 45a-624. Designation of standby guardian of minor § 45a-624a. Consent of parents required for designation of standby guardian § 45a-624b. Form of designation of standby guardian § 45a-624c. Written affidavit that designation of standby guardian in full force and effect § 45a-624d. Authority of standby guardian § 45a-624e. Authority of standby guardian after death of principal § 45a-624f. Revocation of designation of standby guardian § 45a-624g. Probate court to resolve disputes concerning designation of standby guardian
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FORMS:
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· Conn. Gen. Stat. (2007) § 45a-624b. Form of designation of standby guardian § 45a-624c. Written affidavit that designation of standby guardian in full force and effect
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TEXTS & TREATISES:
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· Ralph H. Folsom & Gayle B. Wilhelm , Incapacity, Powers Of Attorney and Adoption in Connecticut 3d (2006). Chapter 3. Guardianship § 3:7. Types of guardians of minors § 3:23. Standby guardians
q Lynn B. Cochrane, Child Protection. "Basic Principles: Guardianship of the Person of the Minor in Probate Court," p. XVII-27
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COMPILER: |
Lawrence Cheeseman, Supervising Law Librarian, Connecticut Judicial Department, Law Library at Middletown, One Court Street, Middletown, CT 06457. (860) 343‑6560. Email
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A Guide to Resources in the Law Library
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SCOPE: |
· Bibliographic resources relating to co-guardians in Connecticut
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TREATED ELSEWHERE:
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· Parents as guardians § 2a.1 · Temporary guardians § 2a.2 · Standby guardians § 2a.3
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DEFINITIONS:
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· “It is, indeed, the duty of judges of probate to see that infants who need guardians have them . . .” Apthorp v. Backus, 1 Kirby 407, 410 (Conn. 1788). · “Indeed the law places the guardian in loco parentis, and means that he shall foster the ward with parental anxiety.” Adams’ Appeal from Probate, 38 Conn. 304, 306 (1871). · Guardian and Coguardians: Without parent: “If any minor has no parent or guardian of his or her person, the court of probate for the district in which the minor resides may, on its own motion, appoint a guardian or coguardians of the person of the minor, taking into consideration the standards provided in section 45a-617. Such court shall take of such guardian or coguardians a written acceptance of guardianship and, if the court deems it necessary for the protection of the minor, a probate bond.” Conn. Gen. Stat. §45a-616(a) (2007).
With only one parent: “If any minor has a parent or guardian, who is the sole guardian of the person of the child, the court of probate for the district in which the minor resides may, on the application of the parent or guardian of such child or of the Commissioner of Children and Families with the consent of such parent or guardian and with regard to a child within the care of the commissioner, appoint one or more persons to serve as coguardians of the child . . . . The court shall take of such guardian or coguardians a written acceptance of guardianship, and if the court deems it necessary for the protection of the minor, a probate bond. Conn. Gen. Stat. § 45a-616(b) (2003). · Rights and obligations of the guardian or coguardian: “shall be those described in subdivisions (5) and (6) of section 45a-604 and shall be shared with the parent or previously appointed guardian of the person of the minor. The rights and obligations of guardianship may be exercised independently by those who have such rights and obligations.” Conn. Gen. Stat. § 45a-616(d) (2007). · Powers: “A parent of a minor, guardian of the person of a minor or spouse of a minor shall not receive or use any property belonging to the minor in an amount exceeding ten thousand dollars in value unless appointed guardian of the estate of the minor, except that such parent, guardian or spouse may hold property as a custodian under the provisions of sections 45a-557 to 45a-560b, inclusive, without being so appointed.” Conn. Gen. Stat. § 45a-631(a) (2003). · Factors used in choosing: “When appointing a guardian or coguardians of the person of a minor, the court shall take into consideration the following factors: (1) The ability of the prospective guardian or coguardians to meet, on a continuing day to day basis, the physical, emotional, moral and educational needs of the minor; (2) the minor's wishes, if he or she is over the age of twelve or is of sufficient maturity and capable of forming an intelligent preference; (3) the existence or nonexistence of an established relationship between the minor and the prospective guardian or coguardians; and (4) the best interests of the child.” Conn. Gen. Stat. § 45a-617 (2007). · Disputes: “In the event of a dispute between guardians or between a coguardian and a parent, the matter may be submitted to the court of probate which appointed the guardian or coguardian.” Conn. Gen. Stat. § 45a-616(d) (2007). · Death: “Upon the death of the parent or guardian, any appointed guardians of the person of a minor child shall become the sole guardians or coguardians of the person of that minor child.” Conn. Gen. Stat. § 45a-616(e) (2003).
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STATUTES:
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· Conn. Gen. Stat. (2007) Chapter 802h. Protected persons and their property Part II. Guardians of the person of a minor § 45a-616. Appointment of guardian or coguardian for minor; rights same as of sole surviving parent § 45a-617. Appointment of guardian or coguardian of the person of a minor § 45a-631. Minor’s property to be received or used only by guardian of estate. Release
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LEGISLATIVE:
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· 2000 Conn. Acts 78 (Reg. Sess.). An act concerning the receipt or use of property belonging to a minor. House Bill No. 5880.
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COURT RULES: |
· Connecticut Probate Practice Book (4th ed. Rev. 2000). Rule 5. Guardians 5.2. Appointment of guardian of the person 5.3. Bond for guardian of the person
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FORMS: |
· Probate Court PC-500. Application for removal of guardian PC-501. Application for immediate temporary custody PC-502. Application for temporary custody PC-504. Application, appointment of temporary guardian PC-510. Custodian’s affidavit for immediate temporary custody PC-520. Order of notice, temporary custody or removal and appointment of guardian PC-530. Notice, receipt of application for removal and appointment of guardian PC-531. Citation and return for custody/removal of guardian PC-550. Physician’s certificate, immediate temporary custody PC-560. Decree, removal of guardian and appointment PC-561. Decree, immediate temporary custody PC-562. Decree, temporary custody PC-564. Decree, appointment of temporary guardian PC-610. Affidavit, temporary custody, removal, termination or adoption
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CASES: |
· Holcomb v. Holcomb, No. FA02-0124703S, Judicial District of New London at Norwich (Mar. 31, 2003), 2003 WL 1908228, 2003 Conn. Super. LEXIS 961. “The parties are commended for assuming guardianship responsibilities for Stephen. As they implicitly acknowledge, the court cannot consider the guardianship in formulating its orders since the parties have no legal duty to support Stephen.” · Favrow v. Vargas, 231 Conn. 1, 18, 647 A.2d 731 (1994). “A guardian of a minor child has no legal obligation of support for that child. This conclusion is compelled by our statutes regarding guardianship, by the common law background of those statutes, and by the policy undergirding those statutes and that common law.” · Bristol v. Brundage, 24 Conn. App. 402, 408, 589 A.2d 1 (1991). "We therefore remand this case to the trial court for further proceedings in light of our determination that the defendant should not have been appointed as coguardian." · Miller v. Miller, 158 Conn. 217, 220, 258 A.2d 89 (1969), cert. den. 396 U.S. 940, 90 S.Ct. 374, 24 L.Ed. 2d 241. “A guardian of the person is entitled to the custody of his ward . . . .” · Holbrook v. Brooks, 33 Conn. 347, 351 (1866). “A guardian is bound to use reasonable and prudent care in the management of his ward’s property; and the law justly requires the utmost fairness in all his dealings with the ward. He shall under no circumstances be permitted to reap any personal advantage from the use of the ward’s money or other property, but all the income and profits thereof shall be faithfully accounted for. And when land is sold at private sale, as in this case, he sells at his peril, if he sells for less than a fair price.”
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WEST KEY NUMBERS: |
· Guardian and Ward # 28-74. Custody and care of ward’s person and estate # 116-136. Actions
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DIGESTS: |
· ALR Index: Guardian and Ward
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ENCYCLOPEDIAS: |
· 39 Am. Jur. 2d Guardian and Ward (1999). §§ 21, 22. Guardianship by judicial appointment §§ 34-79. Judicial appointment of guardian §§ 93-185. General powers and duties of guardians and conservators §§ 186-199. Actions §§ 225-245. Liability of guardian and sureties · 39 C.J.S. Guardian & Ward (2003). §§ 51-69. Custody and care of ward’s person §§ 252-270. Actions
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TEXTS & TREATISES:
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· Ralph H. Folsom & Gayle B. Wilhelm , Incapacity, Powers Of Attorney and Adoption in Connecticut 3d (2006). Chapter 3. Guardianship § 3:11. Powers and duties of guardian of minor’s person
q Lynn B. Cochrane, Child Protection. "Basic Principles: Guardianship of the Person of the Minor in Probate Court," pp. XVII-27-28
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COMPILER: |