40 | | - | which such member is appointed. 18 |
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41 | | - | Sec. 2. Section 112 of public act 23-205 is repealed. (Effective from 19 |
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42 | | - | passage) 20 |
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43 | | - | Sec. 3. Section 4a-57e of the general statutes is repealed. (Effective from 21 |
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44 | | - | passage) 22 |
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| 44 | + | LCO No. 5022 2 of 13 |
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| 45 | + | |
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| 46 | + | a program executed by the Department of Administrative Services, the 13 |
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| 47 | + | cost of such services is estimated to exceed three hundred thousand 14 |
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| 48 | + | dollars; (2) "consultant" means "consultant" as defined in section 4b-55; 15 |
---|
| 49 | + | and (3) "consultant services" means "consultant services" as defined in 16 |
---|
| 50 | + | section 4b-55. Any contracts entered into by the Commissioner of 17 |
---|
| 51 | + | Administrative Services with any consultants for employment (A) for 18 |
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| 52 | + | any project under the provisions of this section, (B) in connection with a 19 |
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| 53 | + | list established under subsection (e) of section 4b-51, or (C) by task letter 20 |
---|
| 54 | + | issued by the Commissioner of Administrative Services to any 21 |
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| 55 | + | consultant on such list pursuant to which the consultant will provide 22 |
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| 56 | + | services valued in excess of [one] three hundred thousand dollars, shall 23 |
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| 57 | + | be subject to the approval of the Properties Review Board prior to the 24 |
---|
| 58 | + | employment of such consultant or consultants by the commissioner. The 25 |
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| 59 | + | Properties Review Board shall, not later than thirty days after receipt of 26 |
---|
| 60 | + | such selection of or contract with any consultant, approve or disapprove 27 |
---|
| 61 | + | the selection of or contract with any consultant made by the 28 |
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| 62 | + | Commissioner of Administrative Services pursuant to sections 4b-1 and 29 |
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| 63 | + | 4b-55 to 4b-59, inclusive. If upon the expiration of the thirty-day period 30 |
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| 64 | + | a decision has not been made, the Properties Review Board shall be 31 |
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| 65 | + | deemed to have approved such selection or contract. 32 |
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| 66 | + | Sec. 2. Subsection (a) of section 4b-34 of the general statutes is 33 |
---|
| 67 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 34 |
---|
| 68 | + | 2025): 35 |
---|
| 69 | + | (a) Except as provided under subsection (e) of this section, whenever 36 |
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| 70 | + | it appears from the specifications of the requesting agency or institution 37 |
---|
| 71 | + | that the space needs equal or exceed two thousand five hundred square 38 |
---|
| 72 | + | feet and the Commissioner of Administrative Services has determined 39 |
---|
| 73 | + | that such needs will be met by lease of space, the commissioner shall 40 |
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| 74 | + | [give public] post notice of such space needs and specifications [by 41 |
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| 75 | + | advertising, at least once, in a newspaper having a substantial 42 |
---|
| 76 | + | circulation in the area in which such space is sought,] on the Internet 43 |
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| 77 | + | web site of the Department of Administrative Services no less than 44 |
---|
| 78 | + | fifteen days prior to the date of final selection. A copy of such notice 45 |
---|
| 79 | + | Raised Bill No. 1432 |
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| 80 | + | |
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| 81 | + | |
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| 82 | + | |
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| 83 | + | LCO No. 5022 3 of 13 |
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| 84 | + | |
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| 85 | + | shall be sent to the regional chapter of the Connecticut Association of 46 |
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| 86 | + | Realtors serving the area in which such space is sought. [The provisions 47 |
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| 87 | + | of this subsection shall not be construed to require the commissioner to 48 |
---|
| 88 | + | lease space only from persons responding to such advertisements.] 49 |
---|
| 89 | + | Sec. 3. Subsection (a) of section 4b-24b of the general statutes is 50 |
---|
| 90 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 51 |
---|
| 91 | + | 2025): 52 |
---|
| 92 | + | (a) Whenever realty uses designed uniquely for state use and for 53 |
---|
| 93 | + | periods over five years are concerned, the Commissioner of 54 |
---|
| 94 | + | Administrative Services shall, whenever practicable, attempt to 55 |
---|
| 95 | + | construct on state-owned land. Whenever the Commissioner of 56 |
---|
| 96 | + | Administrative Services has established specific plans and specifications 57 |
---|
| 97 | + | for new construction on state land or new construction for sale to the 58 |
---|
| 98 | + | state: (1) If it appears to the commissioner that the cost of the project 59 |
---|
| 99 | + | shall be less than one million five hundred thousand dollars, contracts 60 |
---|
| 100 | + | shall be made, where practicable, through a process of sealed bidding 61 |
---|
| 101 | + | as provided in section 4b-91 relating to projects in excess of one million 62 |
---|
| 102 | + | five hundred thousand dollars; (2) if it appears to the commissioner that 63 |
---|
| 103 | + | the space needs of the requesting agency are less than five thousand 64 |
---|
| 104 | + | square feet, the commissioner shall, whenever practicable, [carry on 65 |
---|
| 105 | + | advertising] post online notice, in accordance with the provisions of 66 |
---|
| 106 | + | section 4b-34, as amended by this act, relating to projects in excess of 67 |
---|
| 107 | + | five thousand square feet, in order to allow an equal opportunity for 68 |
---|
| 108 | + | third parties to do business with the state without regard to political 69 |
---|
| 109 | + | affiliation, political contributions or relationships with persons in state, 70 |
---|
| 110 | + | federal or local governmental positions. 71 |
---|
| 111 | + | Sec. 4. Subsection (a) of section 4b-56 of the general statutes is 72 |
---|
| 112 | + | repealed and the following is substituted in lieu thereof (Effective July 1, 73 |
---|
| 113 | + | 2025): 74 |
---|
| 114 | + | (a) There shall be established within the Department of 75 |
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| 115 | + | Administrative Services state construction services selection panels 76 |
---|
| 116 | + | Raised Bill No. 1432 |
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| 117 | + | |
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| 118 | + | |
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| 119 | + | |
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| 120 | + | LCO No. 5022 4 of 13 |
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| 121 | + | |
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| 122 | + | which (1) for projects valued at [five] seven million five hundred 77 |
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| 123 | + | thousand dollars or more, [shall] consist of five members, four of whom 78 |
---|
| 124 | + | [shall be] are current or retired employees of the Department of 79 |
---|
| 125 | + | Administrative Services appointed by the commissioner and one of 80 |
---|
| 126 | + | whom [shall be] is appointed by the head or acting head of the user 81 |
---|
| 127 | + | agency, and (2) for projects valued at less than [five] seven million five 82 |
---|
| 128 | + | hundred thousand dollars, [shall] consist of three members, two of 83 |
---|
| 129 | + | whom [shall be] are current or retired employees of the Department of 84 |
---|
| 130 | + | Administrative Services appointed by the commissioner and one of 85 |
---|
| 131 | + | whom [shall be] is appointed by the head or acting head of the user 86 |
---|
| 132 | + | agency. Each member of a section panel, regardless of the appointing 87 |
---|
| 133 | + | authority, shall serve only for deliberations involving the project for 88 |
---|
| 134 | + | which such member is appointed. 89 |
---|
| 135 | + | Sec. 5. Subsection (a) of section 45a-594 of the general statutes is 90 |
---|
| 136 | + | repealed and the following is substituted in lieu thereof (Effective January 91 |
---|
| 137 | + | 1, 2026): 92 |
---|
| 138 | + | (a) Compensation payable to the conservator or guardian of any 93 |
---|
| 139 | + | person who is supported wholly or in part by the state in any humane 94 |
---|
| 140 | + | institution, or who is receiving benefits under any of the state's 95 |
---|
| 141 | + | programs of public assistance, shall be based upon services rendered 96 |
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| 142 | + | and shall not exceed five per cent of the gross income to the estate 97 |
---|
| 143 | + | during the period covered by any account. The conservator or guardian 98 |
---|
| 144 | + | shall be entitled to compensation of not less than fifty dollars for any 99 |
---|
| 145 | + | accounting period continuing for at least a year. If extraordinary 100 |
---|
| 146 | + | services are rendered by any conservator or guardian, the court of 101 |
---|
| 147 | + | probate, upon petition and hearing, may authorize reasonable 102 |
---|
| 148 | + | additional compensation. [A copy of the petition and notice of hearing 103 |
---|
| 149 | + | shall be lodged in the office of the Commissioner of Administrative 104 |
---|
| 150 | + | Services in Hartford at least ten days before the hearing.] No 105 |
---|
| 151 | + | commission or compensation shall be allowed on any moneys or other 106 |
---|
| 152 | + | assets received from a prior guardian or conservator nor upon any 107 |
---|
| 153 | + | amount received from liquidation of loans or other investments. 108 |
---|
| 154 | + | Raised Bill No. 1432 |
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| 155 | + | |
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| 156 | + | |
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| 157 | + | |
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| 158 | + | LCO No. 5022 5 of 13 |
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| 159 | + | |
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| 160 | + | Sec. 6. Section 45a-630 of the general statutes is repealed and the 109 |
---|
| 161 | + | following is substituted in lieu thereof (Effective January 1, 2026): 110 |
---|
| 162 | + | In the case of any application for the appointment of a guardian of 111 |
---|
| 163 | + | the estate of a minor pursuant to the provisions of sections 45a-132, 45a-112 |
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| 164 | + | 593 to 45a-597, inclusive, 45a-603 to 45a-622, inclusive, and 45a-629 to 113 |
---|
| 165 | + | 45a-638, inclusive, the application shall state that such minor either is, 114 |
---|
| 166 | + | or is not, receiving aid or care from the state, whichever is true. [, and a 115 |
---|
| 167 | + | copy of each application which states the minor is receiving such aid or 116 |
---|
| 168 | + | care shall be sent by the court to the Commissioner of Administrative 117 |
---|
| 169 | + | Services at least ten days in advance of any hearing on such application. 118 |
---|
| 170 | + | Said commissioner or his designee may participate at any hearing on 119 |
---|
| 171 | + | such application.] 120 |
---|
| 172 | + | Sec. 7. Section 45a-646 of the general statutes is repealed and the 121 |
---|
| 173 | + | following is substituted in lieu thereof (Effective January 1, 2026): 122 |
---|
| 174 | + | Any person may petition the Probate Court in the district in which he 123 |
---|
| 175 | + | or she resides, is domiciled or is located at the time the petition for 124 |
---|
| 176 | + | voluntary representation is filed either for the appointment of a 125 |
---|
| 177 | + | conservator of the person or a conservator of the estate, or both. If the 126 |
---|
| 178 | + | petition excuses bond, no bond shall be required by the court unless 127 |
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| 179 | + | later requested by the respondent or unless facts are brought to the 128 |
---|
| 180 | + | attention of the court that a bond is necessary for the protection of the 129 |
---|
| 181 | + | respondent. Upon receipt of the petition, the court shall set a time and 130 |
---|
| 182 | + | place for hearing and shall give such notice as it may direct to the 131 |
---|
| 183 | + | petitioner, the petitioner's spouse, if any, [the Commissioner of 132 |
---|
| 184 | + | Administrative Services, if the respondent is receiving aid or care from 133 |
---|
| 185 | + | the state,] and to other interested parties, if any. After seeing the 134 |
---|
| 186 | + | respondent in person and hearing his or her reasons for the petition and 135 |
---|
| 187 | + | after explaining to the respondent that granting the petition will subject 136 |
---|
| 188 | + | the respondent or respondent's property, as the case may be, to the 137 |
---|
| 189 | + | authority of the conservator, the court may grant voluntary 138 |
---|
| 190 | + | representation and thereupon shall appoint a conservator of the person 139 |
---|
| 191 | + | or estate or both, and shall not make a finding that the petitioner is 140 |
---|
| 192 | + | Raised Bill No. 1432 |
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| 193 | + | |
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| 194 | + | |
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| 195 | + | |
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| 196 | + | LCO No. 5022 6 of 13 |
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| 197 | + | |
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| 198 | + | incapable. The conservator of the person or estate or both, shall have all 141 |
---|
| 199 | + | the powers and duties of a conservator of the person or estate of an 142 |
---|
| 200 | + | incapable person appointed pursuant to section 45a-650. If the 143 |
---|
| 201 | + | respondent subsequently becomes disabled or incapable, the authority 144 |
---|
| 202 | + | of the conservator shall not be revoked as a result of such disability or 145 |
---|
| 203 | + | incapacity. 146 |
---|
| 204 | + | Sec. 8. Section 45a-649 of the general statutes is repealed and the 147 |
---|
| 205 | + | following is substituted in lieu thereof (Effective January 1, 2026): 148 |
---|
| 206 | + | (a) (1) Upon an application for involuntary representation, the court 149 |
---|
| 207 | + | shall issue a citation to the following enumerated parties to appear 150 |
---|
| 208 | + | before it at a time and place named in the citation, which shall be served 151 |
---|
| 209 | + | on the parties at least ten days before the hearing date, or in the case of 152 |
---|
| 210 | + | an application made pursuant to section 17a-543 or 17a-543a, at least 153 |
---|
| 211 | + | seven days before the hearing date. Except as provided in subsection (c) 154 |
---|
| 212 | + | of section 45a-648, or unless continued by the court for cause shown, the 155 |
---|
| 213 | + | hearing on an application under this section shall be held not more than 156 |
---|
| 214 | + | thirty days after the receipt of the application by the Probate Court. 157 |
---|
| 215 | + | Notice of the hearing shall be sent not more than thirty days after receipt 158 |
---|
| 216 | + | of the application. In addition to such notice, (A) notice for a matter 159 |
---|
| 217 | + | brought under sections 45a-667g to 45a-667o, inclusive, shall be given in 160 |
---|
| 218 | + | the manner provided in section 45a-667n, and (B) notice for a matter 161 |
---|
| 219 | + | brought under section 45a-667p shall be given in the manner provided 162 |
---|
| 220 | + | in section 45a-667q. 163 |
---|
| 221 | + | (2) (A) The court shall direct that personal service of the citation be 164 |
---|
| 222 | + | made, by a state marshal, constable or an indifferent person, upon the 165 |
---|
| 223 | + | respondent and the respondent's spouse, if any, if the spouse is not the 166 |
---|
| 224 | + | applicant. Notwithstanding the provisions of this subparagraph, in 167 |
---|
| 225 | + | cases where the application is for involuntary representation pursuant 168 |
---|
| 226 | + | to section 17b-456, and there is no spouse or the whereabouts of the 169 |
---|
| 227 | + | spouse is unknown, the court shall order notice by certified mail to the 170 |
---|
| 228 | + | children of the respondent and if none, the parents of the respondent 171 |
---|
| 229 | + | and if none, the brothers and sisters of the respondent or their 172 |
---|
| 230 | + | Raised Bill No. 1432 |
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| 231 | + | |
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| 232 | + | |
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| 233 | + | |
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| 234 | + | LCO No. 5022 7 of 13 |
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| 235 | + | |
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| 236 | + | representatives, and if none, the next of kin of such respondent. (B) 173 |
---|
| 237 | + | Except for the respondent, if the address of any other person entitled to 174 |
---|
| 238 | + | personal service is unknown, or if personal service or service at the 175 |
---|
| 239 | + | person's usual place of abode cannot be reasonably effected within the 176 |
---|
| 240 | + | state, or if the person is out of the state, the judge or the clerk of the court 177 |
---|
| 241 | + | shall order notice be given by registered or certified mail, return receipt 178 |
---|
| 242 | + | requested, or by publication not less than ten days before the date of the 179 |
---|
| 243 | + | hearing. Any such publication shall be in a newspaper of general 180 |
---|
| 244 | + | circulation in the place of the last known address of the person to be 181 |
---|
| 245 | + | notified, whether within or without this state, or if no such address is 182 |
---|
| 246 | + | known, in the place where the petition has been filed. 183 |
---|
| 247 | + | (3) The court shall order such notice as it directs to the following: (A) 184 |
---|
| 248 | + | The applicant; (B) the person in charge of welfare in the town where the 185 |
---|
| 249 | + | respondent is domiciled or resident and, if there is no such person, the 186 |
---|
| 250 | + | first selectman or chief executive officer of the town if the respondent is 187 |
---|
| 251 | + | receiving assistance from the town; (C) the Commissioner of Social 188 |
---|
| 252 | + | Services, if the respondent is in a state-operated institution or receiving 189 |
---|
| 253 | + | aid, care or assistance from the state; (D) the Commissioner of Veterans 190 |
---|
| 254 | + | Affairs if the respondent is receiving veterans' benefits or the Veterans 191 |
---|
| 255 | + | Residential Services facility, or both, if the respondent is receiving aid 192 |
---|
| 256 | + | or care from said facility, or both; (E) [the Commissioner of 193 |
---|
| 257 | + | Administrative Services, if the respondent is receiving aid or care from 194 |
---|
| 258 | + | the state; (F)] the children of the respondent and if none, the parents of 195 |
---|
| 259 | + | the respondent and if none, the brothers and sisters of the respondent 196 |
---|
| 260 | + | or their representatives and if none, the next of kin of the respondent; 197 |
---|
| 261 | + | and [(G)] (F) the person in charge of the hospital, nursing home or some 198 |
---|
| 262 | + | other institution, if the respondent is in a hospital, nursing home or 199 |
---|
| 263 | + | some other institution. 200 |
---|
| 264 | + | (4) The court, in its discretion, may order such notice as it directs to 201 |
---|
| 265 | + | other persons having an interest in the respondent and to such persons 202 |
---|
| 266 | + | the respondent requests be notified. 203 |
---|
| 267 | + | (5) If personal service of the notice required in subsection (b) of this 204 |
---|
| 268 | + | Raised Bill No. 1432 |
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| 269 | + | |
---|
| 270 | + | |
---|
| 271 | + | |
---|
| 272 | + | LCO No. 5022 8 of 13 |
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| 273 | + | |
---|
| 274 | + | section is not made as required in subdivision (2) of this subsection, the 205 |
---|
| 275 | + | court shall be deprived of jurisdiction over the application. 206 |
---|
| 276 | + | (b) The notice required by subdivision (2) of subsection (a) of this 207 |
---|
| 277 | + | section shall specify (1) the nature of involuntary representation sought 208 |
---|
| 278 | + | and the legal consequences thereof, (2) the facts alleged in the 209 |
---|
| 279 | + | application, (3) the date, time and place of the hearing, and (4) that the 210 |
---|
| 280 | + | respondent has a right to be present at the hearing and has a right to be 211 |
---|
| 281 | + | represented by an attorney of the respondent's choice at the 212 |
---|
| 282 | + | respondent's own expense. The notice shall also include a statement in 213 |
---|
| 283 | + | boldface type of a minimum size of twelve points in substantially the 214 |
---|
| 284 | + | following form: 215 |
---|
| 285 | + | "POSSIBLE CONSEQUENCES OF THE APPOINTMENT 216 |
---|
| 286 | + | OF A CONSERVATOR FOR YOU 217 |
---|
| 287 | + | This court has received an application to appoint a conservator for 218 |
---|
| 288 | + | you. A conservator is a court-appointed legal guardian who may be 219 |
---|
| 289 | + | assigned important decision-making authority over your affairs. If the 220 |
---|
| 290 | + | application is granted and a conservator is appointed for you, you will 221 |
---|
| 291 | + | lose some of your rights. 222 |
---|
| 292 | + | A permanent conservator may only be appointed for you after a court 223 |
---|
| 293 | + | hearing. You have the right to attend the hearing on the application for 224 |
---|
| 294 | + | appointment of a permanent conservator. If you are not able to access 225 |
---|
| 295 | + | the court where the hearing will be held, you may request that the 226 |
---|
| 296 | + | hearing be moved to a convenient location, even to your place of 227 |
---|
| 297 | + | residence. 228 |
---|
| 298 | + | You should have an attorney represent you at the hearing on the 229 |
---|
| 299 | + | application. If you are unable to obtain an attorney to represent you at 230 |
---|
| 300 | + | the hearing, the court will appoint an attorney for you. If you are unable 231 |
---|
| 301 | + | to pay for representation by an attorney, the court will pay attorney fees 232 |
---|
| 302 | + | as permitted by the court's rules. Even if you qualify for payment of an 233 |
---|
| 303 | + | attorney on your behalf, you may choose an attorney if the attorney will 234 |
---|
| 304 | + | Raised Bill No. 1432 |
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| 305 | + | |
---|
| 306 | + | |
---|
| 307 | + | |
---|
| 308 | + | LCO No. 5022 9 of 13 |
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| 309 | + | |
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| 310 | + | accept the attorney fees permitted by the court's rules. 235 |
---|
| 311 | + | If, after a hearing on the application, the court decides that you lack 236 |
---|
| 312 | + | the ability to care for yourself, pay your bills or otherwise manage your 237 |
---|
| 313 | + | affairs, the court may review any alternative plans you have to get 238 |
---|
| 314 | + | assistance to handle your own affairs that do not require appointment 239 |
---|
| 315 | + | of a conservator. If the court decides that there are no adequate 240 |
---|
| 316 | + | alternatives to the appointment of a conservator, the court may appoint 241 |
---|
| 317 | + | a conservator and assign the conservator responsibility for some or all 242 |
---|
| 318 | + | of the duties listed below. While the purpose of a conservator is to help 243 |
---|
| 319 | + | you, you should be aware that the appointment of a conservator limits 244 |
---|
| 320 | + | your rights. Among the areas that may be affected are: 245 |
---|
| 321 | + | - Accessing and budgeting your money 246 |
---|
| 322 | + | - Deciding where you live 247 |
---|
| 323 | + | - Making medical decisions for you 248 |
---|
| 324 | + | - Paying your bills 249 |
---|
| 325 | + | - Managing your real and personal property 250 |
---|
| 326 | + | You may participate in the selection of your conservator. If you have 251 |
---|
| 327 | + | already designated a conservator or if you inform the court of your 252 |
---|
| 328 | + | choice for a conservator, the court must honor your request unless the 253 |
---|
| 329 | + | court decides that the person designated by you is not appropriate. 254 |
---|
| 330 | + | The conservator appointed for you may be a lawyer, a public official 255 |
---|
| 331 | + | or someone whom you did not know before the appointment. The 256 |
---|
| 332 | + | conservator will be required to make regular reports to the court about 257 |
---|
| 333 | + | you. The conservator may charge you a fee, under the supervision of the 258 |
---|
| 334 | + | court, for being your conservator." 259 |
---|
| 335 | + | (c) Notice to all other persons required by this section shall only be 260 |
---|
| 336 | + | required to state that involuntary representation is sought, the nature of 261 |
---|
| 337 | + | the involuntary representation sought, the legal consequences of the 262 |
---|
| 338 | + | Raised Bill No. 1432 |
---|
| 339 | + | |
---|
| 340 | + | |
---|
| 341 | + | |
---|
| 342 | + | LCO No. 5022 10 of 13 |
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| 343 | + | |
---|
| 344 | + | involuntary representation and the date, time and place of the hearing 263 |
---|
| 345 | + | on the application for involuntary representation. 264 |
---|
| 346 | + | (d) If the respondent is unable to request or obtain an attorney for any 265 |
---|
| 347 | + | reason, the court shall appoint an attorney to represent the respondent 266 |
---|
| 348 | + | in any proceeding under this title involving the respondent. If the 267 |
---|
| 349 | + | respondent is unable to pay for the services of such attorney, the 268 |
---|
| 350 | + | reasonable compensation for such attorney shall be established by, and 269 |
---|
| 351 | + | paid from funds appropriated to, the Judicial Department, except that if 270 |
---|
| 352 | + | funds have not been included in the budget of the Judicial Department 271 |
---|
| 353 | + | for such purposes, such compensation shall be established by the 272 |
---|
| 354 | + | Probate Court Administrator and paid from the Probate Court 273 |
---|
| 355 | + | Administration Fund. 274 |
---|
| 356 | + | (e) If the respondent notifies the court in any manner that the 275 |
---|
| 357 | + | respondent wants to attend the hearing on the application but is unable 276 |
---|
| 358 | + | to do so, the court shall schedule the hearing on the application at a place 277 |
---|
| 359 | + | that would facilitate attendance by the respondent. 278 |
---|
| 360 | + | Sec. 9. Section 45a-652 of the general statutes is repealed and the 279 |
---|
| 361 | + | following is substituted in lieu thereof (Effective January 1, 2026): 280 |
---|
| 362 | + | In the case of any application for the appointment of a conservator of 281 |
---|
| 363 | + | the estate, as said terms are defined in section 45a-644, and, in the case 282 |
---|
| 364 | + | of any application for involuntary representation, as defined in 283 |
---|
| 365 | + | subsection (d) of section 45a-644, the application shall state that the 284 |
---|
| 366 | + | respondent, as defined in subsection (e) of section 45a-644, either is or is 285 |
---|
| 367 | + | not, receiving such aid or care from the state, whichever is true. [, and a 286 |
---|
| 368 | + | copy of each application which states the respondent is receiving such 287 |
---|
| 369 | + | aid or care shall be sent by the court to the Commissioner of 288 |
---|
| 370 | + | Administrative Services, in accordance with the provisions of 289 |
---|
| 371 | + | subsection (a) of section 45a-649 or section 45a-646, as the case may be.] 290 |
---|
| 372 | + | Sec. 10. Subsection (e) of section 45a-655 of the general statutes is 291 |
---|
| 373 | + | repealed and the following is substituted in lieu thereof (Effective January 292 |
---|
| 374 | + | 1, 2026): 293 |
---|
| 375 | + | Raised Bill No. 1432 |
---|
| 376 | + | |
---|
| 377 | + | |
---|
| 378 | + | |
---|
| 379 | + | LCO No. 5022 11 of 13 |
---|
| 380 | + | |
---|
| 381 | + | (e) Upon application of a conservator of the estate, after a hearing 294 |
---|
| 382 | + | with notice to the [Commissioner of Administrative Services, the] 295 |
---|
| 383 | + | Commissioner of Social Services and to all parties who may have an 296 |
---|
| 384 | + | interest as determined by the court, the court may authorize the 297 |
---|
| 385 | + | conservator to make gifts or other transfers of income and principal 298 |
---|
| 386 | + | from the estate of the conserved person in such amounts and in such 299 |
---|
| 387 | + | form, outright or in trust, whether to an existing trust or a court-300 |
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| 388 | + | approved trust created by the conservator, as the court orders to or for 301 |
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| 389 | + | the benefit of individuals, including the conserved person, and to or for 302 |
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| 390 | + | the benefit of charities, trusts or other institutions described in Sections 303 |
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| 391 | + | 2055(a) and 2522(a) of the Internal Revenue Code of 1986, or any 304 |
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| 392 | + | corresponding internal revenue code of the United States, as from time 305 |
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| 393 | + | to time amended. Such gifts or transfers shall be authorized only if the 306 |
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| 394 | + | court finds that: (1) In the case of individuals not related to the 307 |
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| 395 | + | conserved person by blood or marriage, the conserved person had made 308 |
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| 396 | + | a previous gift to that unrelated individual prior to being declared 309 |
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| 397 | + | incapable; (2) in the case of a charity, either (A) the conserved person 310 |
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| 398 | + | had made a previous gift to such charity, had pledged a gift in writing 311 |
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| 399 | + | to such charity, or had otherwise demonstrated support for such charity 312 |
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| 400 | + | prior to being declared incapable; or (B) the court determines that the 313 |
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| 401 | + | gift to the charity is in the best interests of the conserved person, is 314 |
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| 402 | + | consistent with proper estate planning, and there is no reasonable 315 |
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| 403 | + | objection by a party having an interest in the conserved person's estate 316 |
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| 404 | + | as determined by the court; (3) the estate of the conserved person and 317 |
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| 405 | + | any proposed trust of which the conserved person is a beneficiary is 318 |
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| 406 | + | more than sufficient to carry out the duties of the conservator as set forth 319 |
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| 407 | + | in subsections (a) and (b) of this section, both for the present and 320 |
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| 408 | + | foreseeable future, including due provision for the continuing proper 321 |
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| 409 | + | care, comfort and maintenance of such conserved person in accordance 322 |
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| 410 | + | with such conserved person's established standard of living and for the 323 |
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| 411 | + | support of persons the conserved person is legally obligated to support; 324 |
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| 412 | + | (4) the purpose of the gifts is not to diminish the estate of the conserved 325 |
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| 413 | + | person so as to qualify the conserved person for federal or state aid or 326 |
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| 414 | + | benefits; and (5) in the case of a conserved person capable of making an 327 |
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| 415 | + | Raised Bill No. 1432 |
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| 416 | + | |
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| 417 | + | |
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| 418 | + | |
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| 419 | + | LCO No. 5022 12 of 13 |
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| 420 | + | |
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| 421 | + | informed decision, the conserved person has no objection to such gift. 328 |
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| 422 | + | The court shall give consideration to the following: (A) The medical 329 |
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| 423 | + | condition of the conserved person, including the prospect of restoration 330 |
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| 424 | + | to capacity; (B) the size of the conserved person's estate; (C) the 331 |
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| 425 | + | provisions which, in the judgment of the court, such conserved person 332 |
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| 426 | + | would have made if such conserved person had been capable, for 333 |
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| 427 | + | minimization of income and estate taxes consistent with proper estate 334 |
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| 428 | + | planning; and (D) in the case of a trust, whether the trust should be 335 |
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| 429 | + | revocable or irrevocable, existing or created by the conservator and 336 |
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| 430 | + | court approved. The court should also consider the provisions of an 337 |
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| 431 | + | existing estate plan, if any. In the case of a gift or transfer in trust, any 338 |
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| 432 | + | transfer to a court-approved trust created by the conservator shall be 339 |
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| 433 | + | subject to continuing probate court jurisdiction in the same manner as a 340 |
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| 434 | + | testamentary trust including periodic rendering of accounts pursuant to 341 |
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| 435 | + | section 45a-177. Notwithstanding any other provision of this section, the 342 |
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| 436 | + | court may authorize the creation and funding of a trust that complies 343 |
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| 437 | + | with section 1917(d)(4) of the Social Security Act, 42 USC 1396p(d)(4), as 344 |
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| 438 | + | from time to time amended. The provisions of this subsection shall not 345 |
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| 439 | + | be construed to validate or invalidate any gifts made by a conservator 346 |
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| 440 | + | of the estate prior to October 1, 1998. 347 |
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| 441 | + | Sec. 11. Section 112 of public act 23-205 is repealed. (Effective from 348 |
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| 442 | + | passage) 349 |
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| 443 | + | Sec. 12. Section 4a-57e of the general statutes is repealed. (Effective 350 |
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| 444 | + | from passage) 351 |
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