This is the first post in a series of articles in which we will discuss guardianships for adult residents of Hartford, Connecticut who have intellectual disabilities. Under certain circumstances, it may be necessary for the Probate Court to appoint an individual to manage the personal or financial affairs of someone who is unable to do so as a result of an intellectual disability. Guardianships can help ensure that loved ones are cared for and not taken advantage of by others. Such an arrangement will only be granted if the requesting party adequately demonstrates to the Probate Court that the subject suffers from an intellectual disability and is unable to make decisions regarding their health, safety, or finances. The goal of this series is to provide information about Connecticut’s process for establishing an adult guardianship and the rights and responsibilities of guardians. Our firm has experience seeking the appointment of guardians for adults and is ready to assist you. If you need assistance, contact us today to schedule a consultation with a lawyer.
This series will address the following key subjects:
- When the Probate Court will appoint a guardian for an adult
- The process of establishing an adult guardianship
- The rights and responsibilities of an adult guardian
- When the Probate Court will terminate or remove a guardian
We felt it was important to write about these topics for several reasons. First, Connecticut will grant an adult guardianship when it is shown that one has an “intellectual disability.” Connecticut’s standards for doing so are more stringent than other states and should be understood before initiating a guardianship action. Second, because the appointment of a guardian is a restriction of the subject’s rights, the process of establishing guardianship can be complicated. Given the level of evidence required to be presented to the Court during the process, it is important to work with a lawyer to assist you. Third, guardianships can grant the guardian authority over the individual’s financial affairs and medical decisions. To protect the individuals who are subject to guardianship, guardians must meet specific ethical and fiduciary duties during their appointment. Finally, depending upon the specific circumstances, the Probate Court may terminate a guardianship arrangement. In some cases, the person may no longer be considered incompetent and therefore does not need the guardian’s assistance. In others, guardians may be removed for failing to meet fiduciary duties or otherwise abusing their authority. It is imperative to understand the rights, duties, and limitations that specifically apply to you in your role as guardian.
We understand that petitioning for guardianship over another adult can be a sensitive matter. We will give your case the respect and attention it deserves. Our attorneys also service 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.