Connecticut 2011 Regular Session

Connecticut House Bill HB06647 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	General Assembly Raised Bill No. 6647
2	2	January Session, 2011 LCO No. 5163
3	3	05163_______JUD
4	4	Referred to Committee on Judiciary
5	5	Introduced by:
6	6	(JUD)
7	7
8	8	General Assembly
9	9
10	10	Raised Bill No. 6647
11	11
12	12	January Session, 2011
13	13
14	14	LCO No. 5163
15	15
16	16	05163_______JUD
17	17
18	18	Referred to Committee on Judiciary
19	19
20	20	Introduced by:
21	21
22	22	(JUD)
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24	24	AN ACT CONCERNING THE APPOINTMENT OF GUARDIANS AD LITEM TO ASSIST DISABLED INDIVIDUALS IN COURT PROCEEDINGS.
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26	26	Be it enacted by the Senate and House of Representatives in General Assembly convened:
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28	28	Section 1. Section 45a-132 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
29	29
30	30	(a) In any proceeding before a court of probate or the Superior Court including the Family Support Magistrate Division, whether acting upon an appeal from probate or otherwise, the judge or magistrate may appoint a guardian ad litem for any minor or incompetent person, undetermined or unborn person, or person with a disability, or may appoint one guardian ad litem for two or more of such minors or incompetent persons, undetermined or unborn persons, or persons with a disability, if it appears to the judge or magistrate that one or more persons as individuals, or as members of a designated class or otherwise, have or may have an interest in the proceedings, and that one or more of them are minors, incompetent persons, [or] persons undetermined or unborn, or persons with a disability at the time of the proceeding.
31	31
32	32	(b) The appointment of a guardian ad litem shall not be mandatory, but shall be within the discretion of the judge or magistrate.
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34	34	(c) Any order or decree passed or action taken in any such proceeding shall affect all the minors, incompetent persons, [or] persons thereafter born or determined or persons with a disability for whom the guardian ad litem has been appointed, in the same manner as if they had been of the age of majority and competent and present in court after legal notice at the time of the action or the issuance of the order or decree.
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36	36	(d) Any appointment of a guardian ad litem may be made with or without notice and, if it appears to the judge or magistrate that it is for the best interests of a minor having a parent or guardian to have as guardian ad litem some person other than the parent or guardian, the judge or magistrate may appoint a disinterested person to be the guardian ad litem.
37	37
38	38	(e) When the appointment is made in connection with the settlement of a decedent's estate or the settlement of the account of a trustee or other fiduciary, the person so appointed shall be authorized to represent the minor or incompetent person, undetermined or unborn person or person with a disability in all proceedings for the settlement of the estate or account and subsequent accounts of the trustee or other fiduciary, or until his appointment is terminated by death, resignation or removal.
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40	40	(f) The guardian ad litem may be removed by the judge or magistrate [which] who appointed [him] the guardian ad litem, without notice, whenever it appears to the judge or magistrate to be in the best interests of the ward or wards of the guardian.
41	41
42	42	(g) Any guardian ad litem appointed under the provisions of this section may be allowed reasonable compensation by the judge or magistrate appointing [him] the guardian ad litem and shall be paid as a part of the expenses of administration.
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44	44	(h) For the purposes of this section, "person with a disability" has the meaning set forth in section 46a-8.
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49	49	This act shall take effect as follows and shall amend the following sections:
50	50	Section 1 October 1, 2011 45a-132
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52	52	This act shall take effect as follows and shall amend the following sections:
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54	54	Section 1
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56	56	October 1, 2011
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58	58	45a-132
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60	60	Statement of Purpose:
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62	62	To provide guardians ad litem for disabled persons involved in court proceedings.
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64	64	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]