The Probate Process: On Intellectual Disability and Guardianship

To speak with an experienced probate law attorney, please contact the experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or at JMaya@Mayalaw.com.

Guardianship of Persons with Intellectual Disability

Every person in the State of Connecticut who is eighteen years of age or older is considered to be an adult and is legally capable of directing his or her personal and financial affairs. Persons with intellectual disability, however, may be partially or totally unable to meet essential requirements for their physical health or safety and/or unable to make informed decisions about matters related to their care. To address these needs, the Probate Court is authorized to appoint a guardian to supervise all aspects or certain aspects of the care of an adult with intellectual disability. It must be noted that the levels of intellectual disability range from mild to profound, and a court-appointed guardian is not necessary for all adults with intellectual disability.

What is intellectual disability?

“Intellectual disability” is defined by statute as a significant limitation in intellectual functioning existing concurrently with deficits in adaptive behavior that originated during the developmental period before eighteen years of age. A “significant limitation in intellectual functioning” is defined as an intelligence quotient (“IQ”) more than two standard deviations below the mean, as measured by standard tests of general intellectual functioning. This means that the person’s IQ must be 69 or less.

The court can appoint a guardian only if it finds that the person has intellectual disability in accordance with this statutory definition. Not everyone with a developmental disability will fall within this definition. For example, a person on the autism spectrum may have an IQ above the statutory standard for “intellectual disability.” While a guardian could not be appointed for a person whose IQ is higher than 69, other avenues might be available to assist the person. The appointment of a conservator, for example, could provide an appropriate alternative. For further information about conservatorship, please see the Probate Court User Guide for Conservators, available at ctprobate.gov and the local Probate Court.

Who can be a guardian of an adult with intellectual disability?

Any adult person, legally authorized state official, or private nonprofit corporation may be appointed guardian of an adult with intellectual disability. Hospitals and nursing homes, however, are not permitted to be appointed such guardians.

How is a guardian appointed? Any adult person may file an Application/Guardianship of Person with Intellectual Disability, PC-700. If a parent or guardian anticipates that a minor child will require a guardian upon attaining the age of eighteen, the parent or guardian may file a petition for guardianship up to 180 days before the child’s eighteenth birthday. The appointment of a guardian takes effect no earlier than the date the child turns eighteen.

The petitioner must allege that the person with intellectual disability (referred to as the “respondent”) is totally or partially unable to meet essential requirements for his or her physical health and safety and/or is unable to make informed decisions about matters relating to his or her care because of the severity of his or her intellectual disability. The petition must be filed in the Probate Court in the district in which the respondent resides or has his or her domicile. The petitioner pays a $225 filing fee at the time the petition is filed in the Probate Court, unless the fee is waived due to financial need. In addition, the petitioner is responsible for the cost of serving notice of the hearing on the respondent ad charges for additional notices, copies and recording documents. The petition must state:

(1) Whether or not the respondent already has a guardian.

(2) The extent of the respondent's deficiencies.

(3) Other facts relevant to the petition.

(4) Those specific areas of protection and assistance required by the respondent if a limited guardianship is sought.

The court will schedule a hearing within 45 days of receipt of the petition

If you have any questions or would like to speak to a probate law attorney about a will, trust, or estate matter, please contact the experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or at JMaya@Mayalaw.com.

Source: Persons With Intellectual Disability, (2015), www.ctprobate.gov/Documents