Conn. Prob. Ct. R. P. 43

As amended through April 25, 2023

Rule 43 - Guardians of Adults with Intellectual Disability

Section 43.1 Criminal background check

At any time during a proceeding concerning the guardianship of an adult with intellectual disability, the court may obtain a criminal background check of:

(1) the guardian or proposed guardian;

(2) an individual providing care to the protected person;

(3) an individual living in the household of the protected person; or

(4) any other person if necessary to protect the interests of the protected person.

(C.G.S. section 45a-676(f).)

Section 43.2 Sterilization

If a guardian of an adult with intellectual disability petitions for approval of a sterilization procedure under C.G.S. section 45a-698, each member of the interdisciplinary team appointed under C.G.S. section 45a-695 shall file a report indicating whether the protected person is able to give informed consent and whether sterilization is in the best interests of the person.

(C.G.S. section 45a-699.)

Section 43.3 When streamline notice procedure may be used in guardianship of adult with intellectual disability proceeding

See rule 8.6.

Section 43.4 Guardian with authority to manage finances to send copy of inventory, financial report or account and affidavit of closing to each party and attorney

A guardian with authority to manage the finances of an adult with intellectual disability shall send a copy of the inventory and each supplemental or substitute inventory, each financial report or account and the affidavit of closing, at the time of filing, to each party and attorney of record and shall certify to the court that the copy has been sent.

(C.G.S. sections 45a-175 and 45a-677a(d).)

Section 43.5 Release of funds from restricted account in guardianship with authority to manage finances

See section 35.7(f).

Section 43.6 When guardian to submit financial report or account

(a) A guardian with authority to manage the finances of an adult with intellectual disability shall submit an annual financial report or account for the first year following the date on which the guardian is given the authority.

(b) After submitting the first annual financial report or account under subsection (a), the guardian shall thereafter submit a periodic financial report or account at least once during each three-year period, unless the court directs more frequent accounts.

(c) A guardian shall submit a final financial report or account when the guardianship or the authority to manage finances is terminated, the protected person dies or the guardian seeks to resign or is removed by the court.

(d) If a guardian dies while managing a protected person's finances, the executor or administrator of the estate of the deceased guardian shall file, on behalf of the deceased guardian, a final financial report or account. If an executor or administrator has not been appointed for the estate of the deceased guardian, a successor guardian may file, on behalf of the deceased guardian, a final financial report or account.

(e) The court may excuse any financial report or account required by this section.

C.G.S sections 45a-177, 45a-180 and 45a-677a.)

Section 43.7 Required contents of financial report or account of guardian with authority to manage finances

See rules 36 through 38.

Section 43.8 When guardian with authority to manage finances to verify restricted account in force

See section 35.7(e).

Section 43.9 Extension of authority of guardian to manage finances pending decision on conservatorship of estate petition

On written request of a party, the court may extend the authority of a guardian of an adult with intellectual disability granted pursuant to C.G.S. section 45a-677a to manage finances until disposition ofa pending conservatorship of estate petition, provided that such authority shall not exceed the authority granted in the original decree and the extension may not exceed 60 days. The court may act on the request without notice and hearing.

(C.G.S. section 45a-677a(e); Probate Court Rules, rule 69.)

Section 43.10 Single petition to appoint guardian with authority to manage finances and to appoint plenary or limited guardian of adult with intellectual disability

(a) If a petitioner simultaneously files a petition for appointment of a guardian of an adult with intellectual disability, whether plenary or limited, and a petition to appoint a guardian with the authority to manage finances of the adult, the court may treat the petitions as a single petition subject to one filing fee.

(b) The court may charge a separate filing fee for a petition under subsection (a) if the court determines that it is necessary to hear the petitions separately.

Conn. Prob. Ct. R. P. 43

HISTORY: Rule 43 adopted effective 7/1/2013. Sections 43.1 and 43.2 amended effective 7/1/2017. Sections 43.3, 43.4, 43.5, 43.6, 43.7 and 43.8 adopted effective 1/1/2020; Sections 43.9 and 43.10 adopted effective 7/1/2022.