Probate Committee

Proposed Draft

Concerning Parental Appointment of Guardian

October 27, 1999

Section 45a-596 of the general statutes is repealed and the following is substituted in lieu thereof:

[Testamentary] PARENTAL APPOINTMENT OF guardian or coguardians.

(a) The surviving parent of any minor may by will, OR OTHER WRITING SIGNED BY THE PARENT AND ATTESTED BY AT LEAST TWO WITNESSES, appoint a person or persons as guardian or coguardians of the person of such minor, [a] AS guardian or coguardians of the estate, or both, TO SERVE IN THE EVENT OF THE DEATH OF THE APPOINTING PARENT. Such appointment shall not supersede the previous appointment of a guardian made by the court of probate having jurisdiction.

(b) The ward of SUCH a [testamentary] guardian may, when he or she is over the age of twelve, apply to the court of probate in which such ward resides, for the substitution of a guardian or coguardians of his person to supersede the [testamentary] APPOINTED guardian. The court of probate may, upon such application and hearing, substitute such guardian or coguardians chosen by such ward to be the guardian or coguardians of the person of the ward.

(c) A PARENTAL APPOINTMENT BECOMES EFFECTIVE WHEN THE GUARDIAN'S ACCEPTANCE IS FILED IN THE COURT IN WHICH THE NOMINATING INSTRUMENT IS PROBATED, OR, IN THE CASE OF A NON-TESTAMENTARY NOMINATING INSTRUMENT, IN THE COURT AT THE PLACE WHERE THE MINOR RESIDES OR IS PRESENT. Any guardian or coguardians appointed pursuant to this section shall receive the trust subject to the control of the court of probate as specified in this section and subject to the provisions and restrictions to which the trust was subject in the hands of the parent at the time of his decease. [A guardian or coguardians of the person shall furnish a written acceptance of guardianship and, if] IF the court deems it necessary for the protection of the minor, A GUARDIAN OR COGUARDIANS OF THE PERSON SHALL FURNISH a probate bond. A guardian or coguardians of the estate shall furnish a probate bond. Upon such acceptance of guardianship or furnishing such bond, such guardian or coguardians shall have the same power over the person and estate of such minor as guardians appointed by the court of probate.

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