Connecticut Conservatorship Petition Packet (Adult)

Connecticut Conservatorship Petition Packet (Adult)

Part 1 — Pre-Petition Checklist

Part 2 — Application/Petition for Appointment of Conservator (Involuntary)

(C.G.S. § 45a-648)

Caption

STATE OF CONNECTICUT · COURT OF PROBATE
DISTRICT OF [__________________]
PROBATE CASE NO. [__________________]

APPLICATION FOR INVOLUNTARY REPRESENTATION (PC-300)

The undersigned Petitioner respectfully represents:

1. Petitioner. [PETITIONER NAME], residing at [______________________________], whose relationship/interest is [_______________].

2. Respondent.

• Full legal name: [______________________________]
• Date of birth: [__/__/____]
• Address: [______________________________]
• Telephone: [_______________]
• Marital status: ☐ Single ☐ Married ☐ Civil union ☐ Divorced ☐ Widowed

3. Home State / Jurisdiction. Respondent is domiciled in / has resided in Connecticut continuously for not less than six months. Connecticut is Respondent's home state under C.G.S. § 45a-667p (UAGPPJA).

4. Relief Requested.

☐ Appointment of Conservator of the Person under C.G.S. § 45a-650
☐ Appointment of Conservator of the Estate under C.G.S. § 45a-654
☐ Appointment of both
☐ Limited conservatorship — specify duties: [______________________________]

5. Factual Basis — Incapacity / Inability to Care for Self.

For Conservator of the Person — Respondent is incapable of caring for self because: [____________________________________________________________].

For Conservator of the Estate — Respondent is incapable of managing his/her own affairs because: [____________________________________________________________].

6. Less Restrictive Alternatives (required findings — C.G.S. § 45a-644(g)). Petitioner has considered the following less restrictive alternatives and they are inadequate because:

7. Proposed Conservator.

• Name: [______________________________]
• Address: [______________________________]
• Relationship to Respondent: [_______________]
• Qualified / not disqualified under C.G.S. § 45a-650(h): ☐ Confirmed
• Willing to serve and post probate bond: ☐ Yes / amount $[__________]

8. Persons Entitled to Notice — C.G.S. § 45a-649.

9. Estate and Income (Conservator of the Estate).

10. Existing Instruments. ☐ None known. ☐ POA dated [__/__/____] to [_______________]. ☐ Advance Directive dated [__/__/____].

11. Temporary Conservator (C.G.S. § 45a-654(a)). ☐ Not requested. ☐ Requested — imminent risk because: [_______________].

12. Right-to-Attorney Notice. Respondent has been advised of the right to retain an attorney pursuant to C.G.S. § 45a-649a. ☐ Respondent has retained [_______________]. ☐ Respondent requests court-appointed counsel. ☐ Respondent has not yet been advised — Court is requested to advise and appoint.

WHEREFORE, Petitioner asks that the Court:

(a) Set this Application for hearing not less than 30 days from filing (C.G.S. § 45a-649(c));
(b) Appoint counsel for Respondent pursuant to C.G.S. § 45a-649a if not retained;
(c) Order a physician's examination (or psychologist's evaluation where intellectual disability is at issue) not more than 45 days before hearing;
(d) After hearing, find Respondent incapable by clear and convincing evidence;
(e) Appoint the proposed Conservator with the powers and duties tailored to Respondent's actual needs;
(f) Require probate bond as appropriate;
(g) Grant such other and further relief as is just.

VERIFICATION

I, [PETITIONER], having read the foregoing Application, declare under penalty of false statement that the matters set forth are true and accurate to the best of my knowledge.

___________________________________
[PETITIONER] · Date: [__/__/____]

Attorney for Petitioner:
[ATTORNEY NAME], Juris No. [_______]
[FIRM] · [ADDRESS] · [PHONE] · [EMAIL]

Part 3 — Notice to Respondent

(C.G.S. § 45a-649; § 45a-649a)

TO: [RESPONDENT FULL NAME]

An Application has been filed in the Probate Court for the District of [_______________] seeking the appointment of a Conservator of your ☐ person ☐ estate ☐ both.

Hearing Date: [__/__/____] at [__:__] [AM/PM]
Location: [______________________________]

YOUR RIGHTS UNDER CONNECTICUT LAW:

• ☐ Right to retain an attorney of your own choosing at your expense (C.G.S. § 45a-649a). The Probate Court must appoint an attorney for you if you do not retain one and do not knowingly waive that right; the court will appoint counsel automatically.
• ☐ Right to be present at the hearing.
• ☐ Right to present evidence and cross-examine witnesses.
• ☐ Right to require the Petitioner to prove the case by clear and convincing evidence (C.G.S. § 45a-650(a)).
• ☐ Right to a current physician's examination (within 45 days) — or psychologist's, if intellectual disability — and to disclosure of those records to you and your attorney (C.G.S. § 45a-650(c)–(d)).
• ☐ Right to request that the hearing be held at a place that facilitates your attendance (C.G.S. § 45a-650(e)).
• ☐ Right to request a less restrictive alternative or limited conservatorship.
• ☐ Right to seek reconsideration, modification, or termination (C.G.S. § 45a-651; § 45a-660).

If a conservator is appointed, you may lose authority over decisions involving your medical care, residence, finances, contracts, and other personal affairs to the extent specified by the Court.

Dated: [__/__/____]

___________________________________
Petitioner's Counsel / Probate Court

Part 4 — Notice to Interested Parties

(C.G.S. § 45a-649)

Notice of the Application and hearing is given by personal service or certified mail to each person listed in Section 8 of the Application not less than ten (10) days before hearing (per Probate Court rules).

Certificate of Service

___________________________________
Affiant · Date: [__/__/____]

Part 5 — Physician's / Psychologist's Report

(C.G.S. § 45a-650(c)(1) — examination not more than 45 days before hearing)

A. Physician's Report (or Psychologist's Report for Intellectual Disability)

I, [_______________], M.D./D.O./Ph.D./Psy.D., License No. [_______], examined Respondent on [__/__/____] (a date not more than 45 days before hearing).

Signature: ___________________________________ Date: [__/__/____]

This Report is confidential under C.G.S. § 45a-650(c)(3) and shall be disclosed only to Respondent's attorney and as ordered.

Part 6 — Appointment of Counsel for Respondent

(C.G.S. § 45a-649a)

The Probate Court, having reviewed the Application and confirmed that Respondent has not retained counsel, APPOINTS [ATTORNEY NAME], Juris No. [_______], a member of the Probate Court attorney panel, to represent Respondent in this proceeding. Counsel shall meet with Respondent, advise of all rights, and zealously represent Respondent's expressed wishes.

___________________________________
PROBATE JUDGE · Date: [__/__/____]

Part 7 — Less Restrictive Alternative Analysis

(C.G.S. § 45a-644(g); § 45a-650(g))

The Court must use the least restrictive means of intervention. Petitioner provides the following analysis:

Conclusion: A ☐ plenary ☐ limited conservatorship of the ☐ person ☐ estate is the least restrictive means available because: [____________________________________________________________].

Part 8 — Probate Bond

(C.G.S. § 45a-650(j); § 45a-654(b))

The Court shall require bond from a conservator of the estate (and may require bond from a conservator of the person under specified circumstances).

Part 9 — Notice of Hearing

STATE OF CONNECTICUT · PROBATE COURT · DISTRICT OF [_______________] · NO. [_______________]

NOTICE is given that the Application for Appointment of Conservator filed in this matter will be heard on [__/__/____] at [__:__] [AM/PM] at [______________________________].

Dated: [__/__/____]

___________________________________
Probate Judge / Court Clerk

Part 10 — Decree Appointing Conservator and Letters

Decree

After hearing on [__/__/____], based on clear and convincing evidence, the Court FINDS:

1. Jurisdiction is proper (Connecticut is Respondent's home state).
2. Respondent has received notice as required by C.G.S. § 45a-649 and has been advised of and either is represented by counsel or has waived counsel pursuant to § 45a-649a.
3. The medical (or psychological) evidence required by C.G.S. § 45a-650(c) has been received [or waived for the specific reason: ____________].
4. Respondent is incapable of ☐ caring for self ☐ managing his/her affairs.
5. There are no less restrictive means available to assist Respondent.
6. The proposed conservator is qualified and not disqualified under C.G.S. § 45a-650(h).

IT IS DECREED:

• ☐ [CONSERVATOR NAME] is appointed ☐ Conservator of the Person ☐ Conservator of the Estate ☐ Both of [RESPONDENT].
• ☐ The conservator's duties are limited as follows: [______________________________].
• ☐ Rights/decisions retained by Respondent: [______________________________].
• ☐ Bond in the sum of $[__________] is required.
• ☐ Letters of Conservatorship shall issue upon qualification.
• ☐ Initial Inventory due within two (2) months under C.G.S. § 45a-655(a).
• ☐ Periodic accounting due under C.G.S. § 45a-655 (at least every three years, sooner if ordered).

___________________________________
PROBATE JUDGE · Date: [__/__/____]

Letters / Fiduciary's Probate Certificate (PC-450 / PC-451)

STATE OF CONNECTICUT · PROBATE COURT, DISTRICT OF [_______________]

These Letters certify that [CONSERVATOR NAME] has qualified and is authorized to act as ☐ Conservator of the Person ☐ Conservator of the Estate ☐ Both for [RESPONDENT], with the powers and duties set forth in the Decree dated [__/__/____].

Issued: [__/__/____]

___________________________________
Probate Court Clerk · Seal

Part 11 — Initial Inventory and Periodic Accounting

Inventory (Conservator of the Estate, C.G.S. § 45a-655) — due within 2 months

Periodic Accountings & Reports

• Conservator of the Estate Accounting — C.G.S. § 45a-655(c) — at least every three (3) years (more frequently if ordered). Itemize receipts, disbursements, and assets on hand.
• Conservator of the Person Report — must include residence, social and physical condition, and plan (C.G.S. § 45a-656).
• Notice of Limitation on Association — C.G.S. § 45a-656b: any restriction on Respondent's communications/visitation/association requires notice/court order.

Sources and References

• Connecticut General Statutes Chapter 802h: https://www.cga.ct.gov/current/pub/chap_802h.htm
• C.G.S. § 45a-650 (Hearing): https://www.cga.ct.gov/current/pub/chap_802h.htm#sec_45a-650
• Connecticut Probate Court Forms (PC-300 series): https://www.ctprobate.gov/Pages/Probate-Court-Forms.aspx
• Connecticut Probate Court — User Guide on Conservatorship: https://www.ctprobate.gov/
• Public Act 07-116 (2007 Conservatorship Reform)

End of Connecticut Conservatorship Petition Packet (Adult).