This is the next article in our series on guardianships for Connecticut adults who are suffering from a disability. Our last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you have a loved one who cannot manage their own affairs. It is important that you speak with counsel as soon as possible so that you can prevent one from wasting the assets of the ward, or putting themselves in a conflict situation. In this article we will discuss situations in which the Court will grant guardianship over an adult as well as the process for doing so. If you need assistance, then contact our office today to speak with a Hartford lawyer.
Connecticut Courts will grant a guardianship when the proposed ward suffers from an intellectual disability
Connecticut only allows one to seek guardianship over an adult when they are suffering from an intellectual disability. Physical impairment is not grounds for a guardianship. If one is of sound mind, and needs assistance managing their affairs, then they should consider a power of attorney. One is considered to have an “intellectual” disability “…when they are unable to care for their physical health or safety or make decisions about such care.” Such a disability can stem from one having lower cognitive functioning, mental illness, dementia, or other such situations. Depending on the nature of the disability, the Court may appoint a “plenary” guardian, who is charged with full supervision over the individual’s physical health and physical safety. The Court may also choose to appoint a “limited” guardian, whose powers are more narrow. Finally, if one also needs the ability to manage a loved one’s financial affairs, due to their inability to do so, then a conservatorship may be necessary.
It is important to note that the legal standard for showing that someone is unable to care for their physical health is much higher than what many people may consider to be the threshold. For example, if a parent is worried that their adult child is addicted to drugs, such would likely not be a basis to gain an involuntary guardianship. In other words, one cannot gain guardianship over their loved ones simply because they disagree with their life choices. An objective or diagnosable issue must be present which prevents the individual from having the capability of caring for themselves. This is not to say that one who is struggling with life could not enter into a voluntary conservatorship, however.
The process for Hartford residents to gain guardianship over an adult
The process of obtaining a guardianship begins by filing a Petition in the jurisdiction where the proposed ward currently resides. Connecticut law allows the Petition to be filed as many as 180 days before the matter will be heard. The proposed ward, however, must be at least eighteen years old at the time of the hearing. It will be important for the Petitioner to provide objective evidence of the situation. This evidence can come in the form of medical records, assessments, governmental documents, or other information which the Court may base its decision on. Unsupported assertions or vague accusations that one cannot take care of themselves are highly unlikely to form the basis for a successful Petition. An experienced attorney can assist you in determining the types of evidence which the Court may find persuasive in a given case.
If you or a loved one are concerned for an impaired family member then contact our office to speak with a Hartford guardianship lawyer. We understand the importance of such situations and we will make your case a priority. This includes staying in contact with you throughout the process and ensuring that we are available to answer your questions. Contact us online or by telephone to schedule an initial consultation. We look forward to speaking with you. In addition to Hartford, we serve clients in the areas of Wethersfield, New Britain, Rocky Hill, West and East Hartford, Bristol, Glastonbury, and Manchester, as well as the Middlesex County cities of Middletown and Cromwell.
