The Conservator Laws in Connecticut
Posted By Irene C. Olszewski, Esq. on May 3, 2010
I am often appointed by the Judge of Probate to serve as attorney for a person for whom an application has been submitted to the court for an involuntary conservatorship. Often, the application is filed by the family member of a loved one who is suffering from dementia or Alzheimer’s Disease. On those occasions in particular, I am often asked by the family members why I have been appointed to represent my client if he or she is unable to understand the nature of the court proceedings.
The answer is simple: a conservatorship restricts the rights of the conserved person. As such, that person is entitled by statute to have an attorney represent his or her interests to be sure that, among other things, a) the conservatorship is actually necessary; b) that it is the least restrictive means of assisting the person and protecting their assets; and c) that the person petitioning to serve as conservator is fit to do so.
My job is to explain to my client that a petition has been submitted to the court and if granted, how having a conservator will effect their lives. In many cases, my client is unaware that he or she is suffering from dementia or Alzheimer’s Disease and can not understand why assistance with their daily living and financial affairs is needed. To assist the court in making a sound determination in the case of an involuntary conservatorship, the law requires that a physician’s evaluation be submitted to the court detailing the client’s physical and mental condition. Such an evaluation must be current within 45 days of the scheduled court hearing.
Under our State law, a person who is age 18 or older and who is of sound mind, has the right to name a conservator for his or her future incapacity. Because there are many reasons that a person might one day need the services of a conservator, it is important to consider executing such a document — while you are still able to do so. A licensed attorney can draft this legal document for you.
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