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Conn. Gen. Stat. § 45a-649

(Formerly Sec. 45-70c). Notice re application for involuntary representation, determination of jurisdiction or transfer of conservatorship to another state. Form of notice. Appointment of counsel

Known as the Connecticut Uniform Adult Protective Proceedings Jurisdiction Act

The act spans §§ 45–45 (143 sections).

Applied in 2 court decisions — leading case Gross v. Rell (2009)

Most recently applied in Gross v. Rell (October 2009)

(P.A. 77-446, S. 3; 77-614, S. 521, 587, 610; P.A. 78-303, S. 85, 136; P.A. 79-358, S. 3; 79-501, S. 1; P.A. 80-476, S. 128; P.A. 81-223; P.A. 83-295, S. 25; P.A. 84-271, S. 4; …

(a)(1) Upon an application for involuntary representation, the court shall issue a citation to the following enumerated parties to appear before it at a time and place named in the citation, which shall be served on the parties at least ten days before the hearing date, or in the case of an application made pursuant to section 17a-543 or 17a-543a , at least seven days before the hearing date. Except as provided in subsection (c) of section 45a-648 , or unless continued by the court for cause shown, the hearing on an application under this section shall be held not more than thirty days after the receipt of the application by the Probate Court. Notice of the hearing shall be sent not more than thirty days after receipt of the application. In addition to such notice, (A) notice for a matter brought under sections 45a-667g to 45a-667o , inclusive, shall be given in the manner provided in section 45a-667n , and (B) notice for a matter brought under section 45a-667p shall be given in the manner provided in section 45a-667q .

(2) (A) The court shall direct that personal service of the citation be made, by a state marshal, constable or an indifferent person, upon the respondent and the respondent's spouse, if any, if the spouse is not the applicant. Notwithstanding the provisions of this subparagraph, in cases where the application is for involuntary representation pursuant to section 17b-456 , and there is no spouse or the whereabouts of the spouse is unknown, the court shall order notice by certified mail to the children of the respondent and if none, the parents of the respondent and if none, the brothers and sisters of the respondent or their representatives, and if none, the next of kin of such respondent. (B) Except for the respondent, if the address of any other person entitled to personal service is unknown, or if personal service or service at the person's usual place of abode cannot be reasonably effected within the state, or if the person is out of the state, the judge or the clerk of the court shall order notice be given by registered or certified mail, return receipt requested, or by publication not less than ten days before the date of the hearing. Any such publication shall be in a newspaper of general circulation in the place of the last known address of the person to be notified, whether within or without this state, or if no such address is known, in the place where the petition has been filed.

(3) The court shall order such notice as it directs to the following: (A) The applicant; (B) the person in charge of welfare in the town where the respondent is domiciled or resident and, if there is no such person, the first selectman or chief executive officer of the town if the respondent is receiving assistance from the town; (C) the Commissioner of Social Services, if the respondent is in a state-operated institution or receiving aid, care or assistance from the state; (D) the Commissioner of Veterans Affairs if the respondent is receiving veterans' benefits or the Veterans Residential Services facility, or both, if the respondent is receiving aid or care from said facility, or both; (E) the Commissioner of Administrative Services, if the respondent is receiving aid or care from the state; (F) the children of the respondent and if none, the parents of the respondent and if none, the brothers and sisters of the respondent or their representatives and if none, the next of kin of the respondent; and (G) the person in charge of the hospital, nursing home or some other institution, if the respondent is in a hospital, nursing home or some other institution.

(4) The court, in its discretion, may order such notice as it directs to other persons having an interest in the respondent and to such persons the respondent requests be notified.

(5) If personal service of the notice required in subsection (b) of this section is not made as required in subdivision (2) of this subsection, the court shall be deprived of jurisdiction over the application.

(b) The notice required by subdivision (2) of subsection (a) of this section shall specify (1) the nature of involuntary representation sought and the legal consequences thereof, (2) the facts alleged in the application, (3) the date, time and place of the hearing, and (4) that the respondent has a right to be present at the hearing and has a right to be represented by an attorney of the respondent's choice at the respondent's own expense. The notice shall also include a statement in boldface type of a minimum size of twelve points in substantially the following form:

Official source: Connecticut General Assembly. Reproduced from public-domain Connecticut statutes; confirm against the official source for the current text. Not legal advice.