(a) If the court finds, by clear and convincing evidence, that the respondent is, by reason of the severity of the respondent's intellectual disability, totally unable to meet essential requirements for the respondent's physical health or safety and totally unable to make informed decisions about matters related to the respondent's care, the court shall appoint a plenary guardian or plenary coguardians who shall have all those powers and duties provided for in section 45a-677.

(b) If the court finds by clear and convincing evidence that the respondent is able to do some, but not all, of the tasks necessary to meet essential requirements for the respondent's physical health or safety or that the respondent is able to make some, but not all, informed decisions about matters related to the respondent's care, the court shall appoint a limited guardian or limited coguardians.

(c) For the purposes of sections 45a-669 to 45a-683, inclusive, any alleged inability of the respondent must be evidenced by recent behavior that would cause harm or create a risk of harm, by clear and convincing proof.

(d) The court shall take from any such plenary guardian or limited guardian a written acceptance of such guardianship and, if the court deems it necessary for the protection of the respondent, a probate bond.

(e) The court shall make written findings of fact that support each grant of authority to the plenary guardian or limited guardian. If the court in reaching its conclusion is relying on incidents of behavior that occurred more than six months prior to the date of hearing, the court findings shall include its reasoning for relying upon such incidents.

(f) In selecting a plenary guardian or limited guardian, the court shall be guided by the best interests of the respondent, including, but not limited to, the preference of the respondent as to who should be appointed as plenary guardian or limited guardian.

(g) No person shall be excluded from serving as a plenary guardian or limited guardian solely because such person is employed by the Department of Developmental Services, except that (1) no such employee may be appointed as a plenary guardian or limited guardian of a person residing in a state-operated residential facility for persons with intellectual disability located in the Department of Developmental Services region in which such person is employed; and (2) no such employee shall be so appointed unless no other suitable person to serve as plenary guardian or limited guardian can be found. Any appointment of an employee of the Department of Developmental Services as a plenary guardian or limited guardian shall be made for a limited purpose and duration. During the term of appointment of any such employee, the Commissioner of Developmental Services shall search for a suitable person who is not an employee of the department to replace such employee as plenary guardian or limited guardian.

(h) No person shall be excluded from serving as a plenary guardian or limited guardian solely because such person is employed by a private facility funded or licensed by the Department of Developmental Services, except that (1) no such employee may be appointed as a plenary guardian or limited guardian of a person residing in a residential facility in which such employee is employed, and (2) no such employee shall be so appointed unless no other suitable person to serve as plenary guardian or limited guardian can be found.

(i) No person shall be excluded from serving as a plenary guardian or limited guardian solely because such person is licensed by the Department of Developmental Services to operate a community companion home, except that (1) no such licensee, nor any of such licensee's relatives or household members, may be appointed as a plenary guardian or limited guardian of a person residing in a community companion home operated by such licensee, and (2) no such licensee shall be so appointed unless no other suitable person to serve as plenary guardian or limited guardian can be found.

(P.A. 82-337, S. 9; P.A. 83-420, S. 1; P.A. 85-310, S. 1; P.A. 86-323, S. 6; P.A. 03-51, S. 5; P.A. 04-257, S. 108; P.A. 05-10, S. 19; 05-288, S. 152; P.A. 07-73, S. 2(a), (b); 07-238, S. 6; P.A. 10-36, S. 3; P.A. 11-16, S. 35; 11-129, S. 20; P.A. 16-49, S. 7.)

History: P.A. 83-420 amended Subsec. (e) re appointment of employee of the department of mental retardation as guardian or limited guardian of a mentally retarded person; P.A. 85-310 added references to coguardians and limited coguardians; P.A. 86-323 substituted “meet essential requirements for his physical health or safety” for “care for himself or his personal affairs”; added “plenary” before “guardian”, added provision requiring alleged inability of respondent to be evidenced by recent behavior which would cause harm or create risk of harm, by clear and convincing proof; deleted requirement that court make and furnish findings upon request of respondent and added provision requiring written findings of fact for each grant of authority to guardian and if incidents of behavior recurred more than six months before hearing, court must include reasons for relying on such incidents; Sec. 45-328 transferred to Sec. 45a-676 in 1991; P.A. 03-51 substituted “person with mental retardation” for “mentally retarded person” in Subsecs. (a), (b) and (f); P.A. 04-257 made technical changes in Subsec. (f), effective June 14, 2004; (Revisor's note: In 2005, a reference in Subsec. (c) to Sec. 45a-668 was changed editorially by the Revisors to Sec. 45a-669 to reflect the repeal of Sec. 45a-668 by P.A. 04-54); P.A. 05-10 amended Subsec. (c) to add reference to Sec. 46b-38ii and make a technical change; P.A. 05-288 made technical changes in Subsec. (c), effective July 13, 2005; pursuant to P.A. 07-73 “Commissioner of Mental Retardation” and “Department of Mental Retardation” were changed editorially by the Revisors to “Commissioner of Developmental Services” and “Department of Developmental Services”, effective October 1, 2007; P.A. 07-238 made technical changes in Subsecs. (a), (b), (c) and (e), redesignated provisions allowing employees of Department of Developmental Services to serve as plenary or limited guardians as Subsec. (g), added Subsec. (h) allowing persons employed by private facilities funded or licensed by department to serve as plenary or limited guardians under certain circumstances and added Subsec. (i) allowing community training home licensees to serve as plenary or limited guardians under certain circumstances; P.A. 10-36 amended Subsec. (c) to delete reference to Sec. 46b-38ii; P.A. 11-16 amended Subsec. (i) by substituting “community companion home” for “community training home”, effective May 24, 2011; pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability”; P.A. 16-49 deleted references to person with intellectual disability re guardians and deleted reference to Sec. 45a-684.

Annotation to former section 45-328:

Cited. 215 C. 277.

Annotation to present section:

Cited. 230 C. 828.