If you have questions about divorce, legal separation, guardianship, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.

What Is Guardianship?

In Connecticut, a person under the age of eighteen is considered to be a minor. A guardian is a person who has the legal right and duty to take care of a minor or a minor’s assets.

There are two types of guardianship for minors: guardianship of the person of a minor and guardianship of the estate of a minor. A guardian of the person has the responsibility to care for the minor. A guardian of the estate manages the assets of the minor. The following is a description of the duties and responsibilities of guardians. Part I covers guardianship of the person. Part II summarizes the laws governing removal of a parent as guardian. Part III covers guardianship of the estate.

Part I. Guardian of the Person of a Minor

The guardian of the person of a minor is an adult authorized by law to take physical control of, and provide care for, the minor. That broad authority includes making medical and personal decisions concerning the welfare of the minor.

By law, the birth parents of a child born in wedlock are automatically the guardians of the person. They are “joint guardians,” which means that each has equal powers, rights and responsibilities with respect to the minor, unless altered by a court.

The father and mother of a minor born out of wedlock are also joint guardians, provided the father’s paternity has been determined under the laws of Connecticut. If paternity has not been established, the mother is the sole guardian of the person.

If a minor’s parents are deceased, or if a court has removed the parents as guardians, the Probate Court for the district where the minor resides will, on the petition of an interested party, appoint a guardian of the person. This type of guardian serves until the minor reaches age eighteen and does not share decision making authority with the parents.

Whenever the court appoints a guardian, it must take into consideration the following factors:

1. The ability of the prospective guardian to meet the physical, emotional, moral and educational needs of the minor on a continuing day-to-day basis.
2. The minor’s wishes if he or she is over the age of twelve or is of sufficient maturity to form an intelligent preference.
3. The existence or nonexistence of an established relationship between the minor and the prospective guardian.
4. The best interests of the minor.

Temporary Guardian

If a parent of a minor is unable to care for the minor for a period of time due to illness, absence from the area or for some other reason, the parent may file a petition for appointment of a temporary guardian of the person in the Probate Court for the district in which the minor resides.

The temporary guardian serves with, but does not replace, the parent as natural guardian, so that either the parent or the temporary guardian may make important decisions affecting the minor. The appointment expires in twelve months, but the parent may file a new petition for temporary guardianship when it expires. The parent has the right to terminate the temporary guardianship at any time.

Standby Guardian

A parent may also designate a standby guardian of the person. The standby guardianship will take effect upon the occurrence of a specified contingency, including, but not limited to, serious illness or death of the parent. The designation must be in writing, signed by the parent and witnessed by at least two witnesses. The standby guardianship may be revoked at any time. The revocation must be made in writing, and the standby guardian must be notified.

In order for the guardianship to take effect, the standby guardian must complete an affidavit indicating that the contingency upon which the guardianship is based has occurred. The affidavit must be signed, witnessed and sworn to under oath. The standby guardianship will cease when the specified contingency no longer exists or at the end of one year, whichever is sooner. If the parent dies while the standby guardianship is in effect, the guardianship will cease 90 days after death. The standby guardian may petition the Probate Court to be appointed as guardian on an ongoing basis.

Like the temporary guardian, the standby guardian does not replace the parent. The legal rights and duties of the standby guardian become effective only when the parent is no longer physically or mentally able to carry out parental responsibilities as parent.

Co-Guardian

A parent who is the sole guardian of the person of a minor may petition the Probate Court for the district in which the minor resides for the appointment of another person to serve as co-guardian. Upon receipt of a petition for the appointment of a co-guardian, the court will, in most cases, order DCF to complete an investigation and report. A hearing will be held within 30 days of receipt of the DCF report.

When the appointment takes effect, the co-guardian has the obligation of care and control and the authority to make major decisions affecting the minor’s welfare. These 3 rights and obligations are to be shared with the parent and they may be exercised independently by the parent or the co-guardian. In the event of a dispute between the parent and the co-guardian, either may file a petition with the appointing court for the court to resolve the dispute.

The appointment of the co-guardian may take effect immediately after the hearing or upon the occurrence of a specified contingency such as serious illness or death of the parent. When the contingency occurs, the prospective co-guardian must notify the court by written affidavit. The court may hold a hearing to verify the occurrence of the contingency. Upon verification, the appointment will take effect and will continue until further order of the court.

Each year, a guardian of the person is required to submit an annual report on the condition of the minor to the court.

Guardianship terminates when the minor turns eighteen.

For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.

Source: CT Probate Court User Guide