Obtaining a Conservatorship in Connecticut
A conservator is a person appointed by the probate court to oversee the financial and/or personal affairs of an adult person who is determined by the probate court to be incapable of managing his or her affairs or is unable to care for himself or herself. In Connecticut, the probate courts have sole jurisdiction over the appointment of conservators.
At Baker Law Firm, P.C., we have extensive experience helping people with all types of conservatorship issues, including appointments. With more than 50 years’ combined experience in the estate planning and probate arenas, we can help you facilitate, block or remove a conservatorship or in creating a conservatorship document in the event this role is ever needed.
Power of Attorneys Naming Conservators
Prior to becoming incapable, a person may name a future conservator by executing a document with the same formality and requirements necessary for executing a will.
Voluntary conservatorship is used when a person who is not legally incapable would like another person to manage his or her affairs subject to oversight of the court. Voluntary conservatorships require a probate court hearing with the person requesting it present.
The probate court shall assign only the duties and authority that are the “least restrictive” means of intervention necessary to meet the needs of the conserved person.
In an involuntary conservatorship, the probate court must hold a hearing within 30 days of the petition, and the person to be conserved must get personal service and has the right to appear and to have legal counsel. The court will hold a hearing and receive evidence under oath, and the proceedings will be recorded.
Any party involved in the conservatorship proceeding who is aggrieved by the probate court’s decision may appeal to the superior court not later than 45 days after the mailing of the probate court’s order, denial, or decree. The appeal to the superior court is on the record made in the probate court. That means there are no new documents presented or testimony given. The superior court on appeal will make its decision on the record made in the probate court proceeding.
Our attorneys are experienced and capable of representing people who are sought to be conserved, but who do not want to lose their freedom. They are also capable and experienced in representing interested parties who believe that a loved one has become incapable of handling his or her affairs or taking care of themselves and require the assistance of a caregiver/conservator under the supervision of a court.
No matter what your conservator needs are, the lawyers at the Baker Law Firm, P.C., can help you realize an answer and plan that best fits your needs. To get started today, please contact our Danbury law firm.