Protecting Liberty: Connecticut’s High Bar for Involuntary Conservatorship
Involuntary conservatorship—called “involuntary representation” in Connecticut—limits a person’s decision-making and is only imposed under strict safeguards. Under Conn. Gen. Stat. § 45a-650, courts must use the least restrictive means and demand clear and convincing evidence before removing any rights.
What the Court Must Find
Jurisdiction & Notice: The court must first confirm it has authority over the case and that the respondent received proper notice—by clear and convincing evidence.
Incapacity & Need: It must then find, by the same high standard, that the person cannot manage their estate (finances) or person (self-care), and that a conservator is actually necessary.
Due Process: The respondent must be advised of the right to counsel, may attend the hearing, and all testimony is under oath with civil rules of evidence applied.
Medical or Psychological Evidence
Recent Exam: Usually required from a licensed physician within 45 days of the hearing; for intellectual disability, a licensed psychologist may provide the report.
Waiver: Only if evidence is impossible to obtain or the alleged incapacity isn’t medical; the decree must say why.
Confidentiality: Filed medical/psychological records are confidential.
Least Restrictive Intervention
No conservator if the person’s needs are already being met by others.
Any appointment must narrowly tailor the conservator’s powers to what’s truly necessary.
Retained Rights & Choosing the Conservator
The conserved person keeps all rights not expressly assigned, including the right to hire an attorney and seek judicial review (e.g., habeas-type relief).
The respondent may nominate a conservator; the court must appoint the nominee unless unfit or unwilling.
Selection factors include the nominee’s understanding of the respondent’s preferences, ability to serve, cost, commitment to independence, and any conflicts of interest.
Bottom line: Connecticut courts do not take conservatorship lightly. The process is evidence-driven, narrowly tailored, and designed to protect personal liberty at every step.
If you have questions about probate, conservatorship, or multi-state estate issues, feel free to call me or schedule a time.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every case is different, and you should consult a licensed attorney for advice regarding your specific situation.