(a) A petition for a temporary limited guardian may be filed by any interested party alleging that the respondent is in need of elective surgical, medical or dental procedures or treatment involving the use of general anesthesia, and that by reason of the severity of intellectual disability, he or she is unable to give informed consent to such treatment. Such petition shall include two certificates, one signed by a physician licensed to practice medicine or surgery in this state and one signed by a licensed psychologist, stating that each has, within thirty days prior to the filing of the petition, examined the respondent and in his or her opinion (1) the respondent’s condition renders him or her incapable of giving informed consent to said procedure, and (2) without such treatment, the respondent will suffer deterioration of his or her physical or mental health or serious discomfort.

(b) Immediately upon receipt of the petition, the court shall order such notice of the petition and the date and time of hearing as it may direct to the respondent, the respondent’s parents or spouse, if any, the Department of Developmental Services and the nonprofit entity designated by the Governor in accordance with section 46a-10b to serve as the Connecticut protection and advocacy system. A hearing shall be held promptly, taking into consideration the condition of the respondent. If, after hearing, the court finds that the respondent by reason of the severity of the respondent’s intellectual disability is incapable of giving informed consent to such procedure, and that the respondent will suffer deterioration of the respondent’s physical or mental health or serious discomfort if such procedure or treatment, or both, is not ordered, the court may appoint a temporary limited guardian for the purpose of consenting to such procedure or treatment, or both. In making such appointment, the court shall give preference to the parent, next of kin or other person whom the court deems proper. The court may appoint the Commissioner of Developmental Services, or the commissioner’s designee, to serve in such capacity if it is unable to find a suitable guardian. The appointment shall not be valid for more than sixty days. A temporary limited guardian shall be subject to all limitations set forth in section 45a-677.

(P.A. 82-337, S. 15; P.A. 85-523, S. 8, 9; P.A. 86-323, S. 11; P.A. 03-278, S. 125; P.A. 07-73, S. 2(b); P.A. 11-129, S. 20; P.A. 16-49, S. 13; P.A. 17-96, S. 32.)

History: P.A. 85-523 amended Subsec. (b) increasing duration of appointment of a temporary limited guardian from not more than 30 days to not more than 60 days; P.A. 86-323 deleted “immediate” before “deterioration” and added “or serious discomfort” in description of respondent’s condition and required that hearings be held promptly taking respondent’s condition into consideration; Sec. 45-334 transferred to Sec. 45a-682 in 1991; P.A. 03-278 made technical changes in Subsec. (b), effective July 9, 2003; pursuant to P.A. 07-73 “Commissioner of Mental Retardation” was changed editorially by the Revisors to “Commissioner of Developmental Services”, effective October 1, 2007; pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability”; P.A. 16-49 replaced references to application with references to petition and made technical changes; P.A. 17-96 amended Subsec. (b) by replacing reference to Office of Protection and Advocacy for Persons with Disabilities with reference to Department of Developmental Services and the nonprofit entity designated to serve as the Connecticut protection and advocacy system, effective July 1, 2017.