Representative Arthur J. O'Neill, Chairman
William R. Breetz
Representative Robert Farr
Jon P. Fitzgerald
Robert W. Grant
Representative Michael P. Lawlor
Michael W. Lyons
Mary Anne O'Neill
Joel I. Rudikoff
Edmund F. Schmidt
Joseph J. Selinger, Jr.
Judge Elliot N. Solomon
Professor Colin C. Tait
Professor Terry J. Tondro
I. Milton Widem
Senator Donald E. Williams, Jr.

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David D. Biklen
Executive Director

David L. Hemond
Chief Attorney

Jo A. Roberts
Senior Attorney

Connecticut Law Revision Commission
State Capitol
Room 509A
Hartford, Connecticut 06106-1591
(860) 240-0220
FAX (860) 240-0322

To:   Members of Law Revision Commission Probate Committee
From:   David L. Hemond
Date:   November 10, 1999
Re:   Notice of meeting Thursday, November 18

A meeting of the Law Revision Commission Probate Committee has been set for Thursday, November 18, 1999 at 10:00 a.m. in room 509A in the State Capitol to consider a proposal to allow appointment by a parent, through an instrument other than a will, of a guardian for the parent's minor children to take effect on death of the parent.

Section 45a-596 currently allows appointment of such a guardian by will but does not authorize such an appointment through a nontestamentary instrument. As I noted in my earlier memo, section 45a-624 allows designation in a nontestamentary instrument of a standby guardian and section 5-202 of the Uniform Probate Code allows appointment by nontestamentary instrument of a regular guardian.

I am enclosing a draft that would amend section 45a-596 and copies of the Uniform Probate Code provision. The Uniform Probate Code provision seems to me to be preferable because the Connecticut statute is limited to designation by a "surviving" parent. It is not clear, given that language, that a designation made at a time when both parents are living is valid, even though, as a matter of policy, it seems to me that parents ought to be able to agree on a designation. The UPC language avoids that problem. I will be looking for your advice and recommendations.

cc: I. Milton Widem

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