Step-by-step guide to filing a conservatorship petition in Connecticut Probate Court: forms, fees, notice, hearing, and post-appointment requirements.

How to File a Conservatorship Petition in Connecticut

Filing a conservatorship petition in Connecticut requires following specific procedural steps set out in the Connecticut General Statutes and the Probate Court rules of procedure. Missing a step, particularly on notice requirements, can deprive the court of jurisdiction and force you to start over. Here is the process from start to finish.

Step 1: Determine the Correct Probate District

The petition must be filed in the Probate Court for the district where the respondent resides, is domiciled, or is located at the time of filing (CGS 45a-648(a)). Connecticut has 54 probate districts. If the respondent lives in one town but is temporarily in a hospital or facility in another district, you may have a choice. When in doubt, the district of the respondent’s permanent domicile is the safest choice.

For nondomiciliaries of Connecticut who own property in the state, a petition for conservatorship over that property is filed in the district where the property is located (CGS 45a-659).

Step 2: Obtain and Complete the Required Forms

The Connecticut Probate Court uses standardized forms for conservatorship proceedings. The primary forms are in the PC-300 series, available from any Probate Court clerk or the Connecticut Probate Court website. Key forms include:

  • Application for Involuntary Conservatorship (for cases where someone else is petitioning on behalf of the respondent)
  • Application for Voluntary Conservatorship (for cases where the person is petitioning for his or her own conservator)
  • Application for Temporary Conservatorship (for emergency situations)
  • Physician’s Report (medical evidence supporting the petition)

The application for involuntary representation must allege that the respondent is incapable of managing his or her affairs or incapable of caring for himself or herself, and must state the reasons for the alleged incapability (CGS 45a-648(a)). Be specific. Vague allegations of confusion or forgetfulness will not satisfy the court. Describe concrete incidents and functional limitations.

Step 3: Pay the Filing Fee

The filing fee for a conservatorship petition is $250 (CGS 45a-106a). This is a flat fee that applies to the initial petition. Additional fees may apply for subsequent filings during the conservatorship, such as motions to sell real property, change residence, or terminate the conservatorship; each of these is also $250 (CGS 45a-106a). Accounting fees are calculated separately under CGS 45a-108a.

If the respondent or petitioner cannot afford the filing fee, a fee waiver may be available under CGS 45a-111.

Step 4: Obtain the Physician’s Report

For an involuntary conservatorship, medical evidence is required at the hearing. The evidence must come from one or more physicians licensed in Connecticut who examined the respondent no more than 45 days before the hearing date (CGS 45a-650(c)). The physician’s report must address the respondent’s specific condition and its effect on the respondent’s ability to care for himself or herself or manage his or her affairs.

For a temporary conservatorship, the timeline is tighter: the physician must have examined the respondent no more than three days before the petition is presented to the judge (CGS 45a-654(b)).

For a person with intellectual disability, a licensed psychologist’s report may substitute for a physician’s report.

The court can waive the medical evidence requirement if the respondent refuses examination or is absent, or if the alleged incapacity is not medical in nature. But waiver is the exception, not the rule (CGS 45a-650(c)(2)).

Practical note: obtaining the physician’s report is often the most time-consuming step. The physician must be willing to examine the respondent, prepare a written report, and potentially testify. If the respondent is uncooperative, this can be difficult. Coordinate with the respondent’s treating physician early in the process.

Step 5: File the Petition and Serve Notice

File the completed application, physician’s report, and filing fee with the Probate Court. Upon filing, the court will schedule a hearing and issue notice.

The notice requirements are detailed and mandatory (CGS 45a-649):

Personal service is required on the respondent and the respondent’s spouse (if the spouse is not the applicant). Service must be by a state marshal, constable, or indifferent person. If personal service on the respondent is not accomplished, the court loses jurisdiction entirely (CGS 45a-649(a)(5)).

Notice by first class mail or other means is required to:

  • The applicant
  • Municipal welfare officials (if the respondent receives town assistance)
  • The Commissioner of Social Services (if the respondent is in a state institution or receiving state aid)
  • The Commissioner of Veterans Affairs (if the respondent receives VA benefits)
  • The Commissioner of Administrative Services (if the respondent receives state aid or care)
  • The respondent’s children; if none, parents; if none, siblings or their representatives; if none, next of kin
  • The person in charge of any institution where the respondent resides

All notice must be served at least 10 days before the hearing date. The hearing must occur within 30 days of the court’s receipt of the application, unless continued for cause.

The notice to the respondent must include a detailed explanation of what conservatorship means and what rights the respondent may lose, in boldface type of at least 12 points (CGS 45a-649(b)).

Step 6: Right to Counsel and Court-Appointed Attorney

The respondent has the right to be represented by an attorney of his or her choosing (CGS 45a-649a). If the respondent is unable to request or obtain an attorney for any reason, the court must appoint one. If the respondent is indigent, the attorney’s fees are paid through the Judicial Department or the Probate Court Administration Fund.

The appointed attorney represents the respondent (not the respondent’s “best interests” in the abstract). The attorney must consult with the respondent, inform the respondent of rights, and advocate for the respondent’s expressed wishes at the hearing.

Step 7: The Hearing

At the hearing, before any evidence on the respondent’s condition is received, the court must confirm that it has jurisdiction, that proper notice was given, and that the respondent has been advised of the right to counsel and is either represented or has knowingly waived representation (CGS 45a-650(a)).

The rules of evidence applicable to civil matters in Superior Court apply. All testimony is under oath. The medical evidence is presented, along with any other relevant evidence regarding the respondent’s condition, capacity, and available support services (CGS 45a-650(c)).

The respondent has the right to attend. If the respondent cannot access the courthouse, the court must hold the hearing at a location that facilitates attendance, such as the respondent’s residence or care facility (CGS 45a-650(e)).

Step 8: The Court’s Decision and Appointment Order

The court must find, by clear and convincing evidence, that the respondent is incapable, that the respondent’s needs cannot be met without a conservator, and that conservatorship is the least restrictive means of intervention (CGS 45a-650(f)). In considering whether to appoint, the court evaluates the respondent’s abilities, preferences, cultural background, lifestyle, and whether the respondent previously made alternative arrangements like a power of attorney or health care directive (CGS 45a-650(g)).

If the court grants the petition, it will issue a decree appointing a conservator. The decree must specify each duty and authority assigned to the conservator. The court must make findings supported by clear and convincing evidence for each duty assigned (CGS 45a-650(m)).

Step 9: Bond

If a conservator of the estate is appointed, the court requires a probate bond (CGS 45a-650(i)). The bond amount is typically set based on the value of the conserved person’s assets. Bond may be excused if the conserved person previously designated the conservator in a written instrument under CGS 45a-645 and excused bond in that document.

For a conservator of the person, bond is discretionary; the court requires it only if it considers bond necessary for the respondent’s protection.

The bond must be obtained from a surety company authorized to do business in Connecticut, or the court may accept a personal bond with sufficient sureties. Bond provisions are in CGS 45a-139 et seq.

Step 10: Post-Appointment Requirements

Once appointed, the conservator must:

File an inventory. A conservator of the estate must file an inventory of the conserved person’s assets, appraised at fair market value, within two months of appointment (CGS 45a-655(a)).

Obtain a fiduciary certificate. The Probate Court issues a certificate of appointment (sometimes called letters of conservatorship) that the conservator uses to demonstrate authority to banks, health care providers, government agencies, and others.

Develop a care plan. The conservator of the person should establish a plan for meeting the conserved person’s personal needs, consistent with the least restrictive means of intervention.

File accountings. The court may require annual accountings from the conservator of the estate (CGS 45a-655(c)). The accounting must detail all receipts, disbursements, and assets on hand.

Report annually. The conservator of the person must report at least annually on the conserved person’s condition, efforts to encourage independence, and whether the conservatorship remains the least restrictive means of intervention (CGS 45a-656(c)).

The conservatorship is subject to court review no later than one year after it was ordered and at least every three years after the initial review (CGS 45a-660(c)). The court may continue, modify, or terminate the conservatorship at each review.

Transition Conservatorships for Young Adults

Parents or guardians of a minor child may file a petition for involuntary conservatorship up to 45 days before the child turns 18, if the parent anticipates the child will need a conservator upon reaching adulthood (CGS 45a-648(c)). The hearing may be held up to 30 days before the child’s 18th birthday, and any order takes effect no earlier than the date the child turns 18.

This provision is particularly important for families of children with intellectual or developmental disabilities. Planning the transition before the child’s 18th birthday avoids a gap in legal authority.

For a complete overview of conservatorship types and standards, see conservatorship in Connecticut. For ongoing duties after appointment, see conservator duties. For alternatives that may avoid the need for conservatorship, see alternatives to conservatorship.

Filing fees and other court costs are governed by statute. See Connecticut probate court fees and costs for the full schedule.