Sec. 45a-671. (Formerly Sec. 45-323). Hearing on petition for guardianship. Notice.

(a) Not later than forty-five days after the date of filing a petition for guardianship with the Probate Court, such court shall assign a time and place for hearing such petition. Notwithstanding the provisions of section 45a-7, the court may hold the hearing on the petition at a place within the state other than its usual courtroom if it would facilitate the presence of the respondent. Such court shall cause a citation and notice to be served upon the respondent by personal service made by a state marshal, constable or an indifferent person not less than seven days prior to the date of such hearing.

(b) The court shall direct notice by first class mail to the following: (1) The petitioner; (2) the parents of the respondent; (3) the spouse of the respondent; (4) children of the respondent; (5) the siblings of the respondent or their representatives, if the respondent has no living parents; and (6) the person in charge of the hospital, nursing home, residential facility or other institution in which the respondent may reside.

(c) The court in its discretion may order such notice as it directs to other persons having an interest in the respondent.

(P.A. 82-337, S. 4; P.A. 84-294, S. 5; P.A. 86-323, S. 3; P.A. 00-99, S. 87, 154; P.A. 07-184, S. 4; P.A. 15-217, S. 22; P.A. 16-49, S. 3.)

History: P.A. 84-294 changed notice requirement from “within” to “not less than” seven days prior to hearing date; P.A. 86-323 substituted notice by certified mail to person in charge of hospital, nursing home or other institution in which respondent may reside in lieu of personal service and required court to notify spouse or children of the respondent; Sec. 45-323 transferred to Sec. 45a-671 in 1991; P.A. 00-99 replaced reference to sheriff and deputy sheriff with state marshal in Subsec. (a), effective December 1, 2000; P.A. 07-184 substituted “the filing of such application for guardianship” for “filing such application” in Subsec. (a), substituted “first class mail” for “certified mail” in Subsec. (b), and made technical changes; P.A. 15-217 amended Subsec. (a) by making technical changes, amended Subsec. (b) by adding new Subdiv. (1) re notice to applicant, redesignating existing Subdiv. (1) as Subdiv. (2) and amending same by deleting “, provided the parents are not the applicants”, redesignating existing Subdiv. (2) as Subdiv. (3) and amending same by deleting “, provided the spouse is not the applicant”, redesignating existing Subdiv. (3) as Subdiv. (4), adding Subdiv. (5) re notice to siblings of respondent or their representatives, and redesignating existing Subdiv. (4) as Subdiv. (6), deleted former Subsec. (c) re notice to applicant and siblings of respondent or their representatives, and redesignated existing Subsec. (d) as Subsec. (c), effective January 1, 2016; P.A. 16-49 amended Subsec. (a) to replace “application” with “petition” and made technical and conforming changes.

Notation

Annotation to former section 45-323:

Cited. 9 CA 413.

Annotation to present section:

Cited. 230 C. 828.