DISCLAIMER (Read Before Use)
1. This template is provided for general informational purposes only and does not constitute legal advice.
2. Guardianship matters are highly fact-specific and subject to Connecticut Probate Court rules and Connecticut General Statutes Title 45a.
3. Prior to filing, the drafting attorney must tailor all bracketed items, verify all statutory citations, and ensure procedural compliance with the particular Probate Court having jurisdiction.
4. Use of this template does not create an attorney-client relationship with the template provider or with OpenAI. Consult qualified Connecticut counsel for case-specific guidance.
PETITION FOR APPOINTMENT OF GUARDIAN
Connecticut Probate Court
Table of Contents
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title
Petition for Appointment of [Limited / Plenary] Guardian of the [Person / Estate / Person and Estate] of [Respondent’s Full Legal Name], pursuant to Conn. Gen. Stat. §§ 45a-[SPECIFY] et seq.
1.2 Parties
a. “Petitioner” – [Full Legal Name], [relationship to Respondent], residing at [Address].
b. “Respondent” – [Full Legal Name], date of birth [MM/DD/YYYY], residing/principally located at [Address].
c. “Interested Parties” – See Schedule A.
1.3 Recitals
A. Respondent is a resident of [COUNTY], Connecticut and is subject to the jurisdiction of the Connecticut Probate Court, District of [DISTRICT NAME] (“Court”).
B. Petitioner seeks the appointment of a guardian under Connecticut law based on [minority / intellectual disability / other statutory ground], asserting that guardianship is in the Respondent’s best interest and represents the least-restrictive means of protection.
C. The Court has exclusive jurisdiction under Conn. Gen. Stat. § 45a-98(a).
D. Petitioner is willing and qualified to serve and is prepared to post bond as required under Conn. Gen. Stat. § 45a-139.
1.4 Effective Date
This Petition shall be deemed filed on the date accepted for docketing by the Court (“Effective Date”).
2. DEFINITIONS
For purposes of this Petition, capitalized terms have the meanings set forth below.
“Bond” – A probate bond issued in favor of the State of Connecticut conditioned on faithful performance of fiduciary duties, in the penal sum ordered by the Court.
“Guardian” – The individual(s) appointed by the Court with authority defined in the Decree and Conn. Gen. Stat. §§ 45a-[SPECIFY RANGE].
“Least-Restrictive Means” – A level of intervention that protects Respondent’s welfare while preserving maximum autonomy, as required by Conn. Gen. Stat. § 45a-676(a).
“Probate Rules” – The Connecticut Probate Court Rules of Procedure, as amended.
“Respondent” – The person for whom guardianship is sought.
[Add or delete definitions as necessary.]
3. OPERATIVE PROVISIONS
3.1 Relief Requested
Petitioner respectfully requests that the Court:
a. Adjudicate the need for guardianship under applicable statutes;
b. Appoint [Petitioner / Nominee] as [Limited / Plenary] Guardian of the [Person / Estate / Person and Estate] of Respondent;
c. Establish the Guardian’s powers and limitations as specified in Schedule B;
d. Fix Bond in the amount of $[AMOUNT], with surety [waived / required];
e. Issue such further orders as justice may require.
3.2 Grounds for Guardianship
A detailed statement of facts, medical evidence, and functional assessments supporting the statutory criteria is attached as Schedule C.
[// GUIDANCE: Include physician’s evaluation form (PC-770) for adults with intellectual disabilities or other requisite affidavits for minors.]
3.3 Jurisdiction & Venue
This Court is the proper venue under Conn. Gen. Stat. § 45a-99 because Respondent:
(1) resides in the District; or
(2) owns property in the District; or
(3) is present in the District and an emergency exists.
3.4 Notice & Service
Petitioner shall serve notice on all Interested Parties listed in Schedule A in compliance with Conn. Gen. Stat. § 45a-609 and Probate Rule [SPECIFY].
[// GUIDANCE: Use PC-505 Long Form citation where required.]
3.5 Bond & Inventory
Within ten (10) days after issuance of the Decree, Guardian shall:
a. File Bond in the penal sum ordered; and
b. File an inventory of Respondent’s assets if estate powers are granted.
3.6 Reporting Requirements
Guardian shall:
a. File an initial care plan within sixty (60) days (Conn. Gen. Stat. § 45a-677(c));
b. File annual reports of the person and/or estate on form PC-[SPECIFY]; and
c. Submit to court-ordered accountings or reviews at any time.
3.7 Duration
Guardianship shall continue until:
a. Respondent attains majority (if a minor),
b. The Court modifies or terminates the Decree, or
c. Statutory termination occurs.
4. REPRESENTATIONS & WARRANTIES
Petitioner represents and warrants to the Court and all Interested Parties that:
4.1 Capacity – Petitioner is at least eighteen (18) years old and not otherwise disqualified from acting as fiduciary.
4.2 No Conflicts – Petitioner has no interests adverse to Respondent other than as disclosed in Schedule D.
4.3 Competence – Petitioner possesses the financial management skills and personal commitment necessary to discharge fiduciary duties.
4.4 Accuracy – All statements and documents submitted with this Petition are true and complete to the best of Petitioner’s knowledge, information, and belief.
5. COVENANTS & RESTRICTIONS
5.1 Fiduciary Duties – Guardian shall exercise duties of loyalty, care, and impartiality as codified in Conn. Gen. Stat. § 45a-199 and common law.
5.2 Court Supervision – Guardian shall comply with all future Court orders and Probate Rules.
5.3 Limitations on Authority – Guardian shall not:
a. Place Respondent in an institution without specific Court approval;
b. Consent to experimental medical procedures absent Court order;
c. Sell or encumber real property except as authorized under Conn. Gen. Stat. § 45a-655.
6. DEFAULT & REMEDIES
6.1 Events of Default
a. Failure to file required reports;
b. Misapplication or mismanagement of assets;
c. Failure to maintain Bond;
d. Violation of Court orders.
6.2 Notice & Cure
The Court shall issue a citation to appear and show cause; Guardian shall have fifteen (15) days to cure where permitted by statute.
6.3 Remedies
a. Suspension or removal of Guardian (Conn. Gen. Stat. § 45a-242);
b. Surcharge and restitution;
c. Contempt sanctions;
d. Any other equitable relief deemed just.
6.4 Attorneys’ Fees & Costs
The Court may tax costs and reasonable attorneys’ fees against the Guardian personally upon a finding of misconduct.
7. RISK ALLOCATION
7.1 Indemnification
Guardian shall be liable personally for willful misconduct, gross negligence, or breach of fiduciary duty. To the extent permitted by law, Guardian may seek indemnification from the estate for reasonable expenses incurred in good-faith administration.
7.2 Bond Requirement
Guardian shall maintain Bond continuously; lapse constitutes an Event of Default. Any recovery on the Bond shall inure to the benefit of Respondent’s estate.
7.3 Insurance
[Optional] Guardian shall procure and maintain fiduciary liability insurance with minimum limits of $[AMOUNT].
7.4 Force Majeure
Guardian shall not be liable for nonperformance caused by events beyond reasonable control, provided Guardian promptly seeks Court guidance.
8. DISPUTE RESOLUTION
8.1 Governing Law
This matter is governed by Connecticut law, including but not limited to Conn. Gen. Stat. Title 45a and the Probate Rules.
8.2 Forum Selection
Exclusive jurisdiction and venue lie in the Connecticut Probate Court, District of [DISTRICT NAME].
8.3 Arbitration
Not applicable; guardianship matters are non-arbitrable under Conn. Gen. Stat. § 52-408.
8.4 Jury Waiver
Not applicable; jury trials are not available in Probate Court.
8.5 Injunctive & Protective Relief
Nothing herein limits the Court’s inherent authority to issue protective orders for Respondent’s welfare.
9. GENERAL PROVISIONS
9.1 Amendments
Any amendment to the guardianship Decree must be sought by separate petition in compliance with Conn. Gen. Stat. § 45a-660.
9.2 Severability
If any provision is adjudged invalid, remaining provisions shall remain in full force to the extent consistent with law and equity.
9.3 Successors
Any successor Guardian appointed by the Court shall succeed to all powers and duties herein, subject to updated Bond.
9.4 Entire Petition
This document, together with all schedules and exhibits, constitutes the complete petition before the Court.
9.5 Electronic Signatures & Remote Notarization
Permitted if compliant with Conn. Gen. Stat. § 1-[SPECIFY] and current Probate Court directives.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, Petitioner executes this Petition under oath on the date stated below.
| Petitioner: | _____ |
| Print Name: | [NAME] |
| Date: | [MM/DD/YYYY] |
State of Connecticut
County of ______ )
Subscribed and sworn before me on __, 20, by ____, who is personally known to me or has produced satisfactory identification.
Notary Public / Commissioner of the Superior Court
My Commission Expires: ______
Schedule A – Interested Parties
[LIST PARENTS, SPOUSE, NEXT OF KIN, DEPARTMENT OF DEVELOPMENTAL SERVICES (if applicable), ETC.]
Schedule B – Requested Powers & Limitations
[CHECK-BOX OR NARRATIVE SETTING OUT SPECIFIC POWERS UNDER § 45a-677(e).]
Schedule C – Statement of Facts & Supporting Evidence
[DETAILED AFFIDAVIT, MEDICAL REPORTS, EDUCATIONAL RECORDS, ETC.]
Schedule D – Potential Conflicts of Interest
[DISCLOSURE OF ANY BUSINESS, PERSONAL, OR FINANCIAL RELATIONSHIPS.]
[// GUIDANCE:
• Verify the Probate Court’s docket number format and filing fee.
• Attach mandatory Probate Court forms (e.g., PC-505, PC-770).
• If seeking emergency/temporary guardianship, add separate counts and request expedited hearing.
• Update statutory citations annually to capture any legislative changes.]