(a) When appointing a guardian, coguardians or permanent guardian of the person of a minor, the court shall take into consideration the following factors: (1) The ability of the prospective guardian, coguardians or permanent guardian to meet, on a continuing day to day basis, the physical, emotional, moral and educational needs of the minor; (2) the minor's wishes, if he or she is over the age of twelve or is of sufficient maturity and capable of forming an intelligent preference; (3) the existence or nonexistence of an established relationship between the minor and the prospective guardian, coguardians or permanent guardian; and (4) the best interests of the child. There shall be a rebuttable presumption that appointment of a grandparent or other relative related by blood or marriage as a guardian, coguardian or permanent guardian is in the best interests of the minor child.
(b) Notwithstanding the provisions of section 45a-604, for purposes of this section and section 45a-106a, “minor” or “minor child” means (1) a person under the age of eighteen, or (2) an unmarried person under the age of twenty-one who (A) is dependent on a competent caregiver, (B) has consented to the appointment or continuation of a guardian after attaining the age of eighteen, and (C) files or on whose behalf is filed a petition for findings pursuant to section 45a-608n.
(P.A. 79-460, S. 12; P.A. 96-238, S. 18, 25; P.A. 09-185, S. 5; June 12 Sp. Sess. P.A. 12-1, S. 279; P.A. 18-92, S. 3.)
History: Sec. 45-45b transferred to Sec. 45a-617 in 1991; P.A. 96-238 added references to coguardians, allowed the court to take into consideration a minor's wishes, if he or she is over the age of 12 and required consideration of the best interests of the child, effective July 1, 1996; P.A. 09-185 added provision re applying rebuttable presumption concerning appointment of grandparent or other relative as guardian; June 12 Sp. Sess. P.A. 12-1 added references to permanent guardian and made a technical change; P.A. 18-92 designated existing provisions re appointment of guardian, coguardians or permanent guardian of a minor as Subsec. (a), and added Subsec. (b) re definitions of “minor” and “minor child”, effective July 1, 2018.
See Sec. 52-60 re appointment of probate judge as attorney for nonresident fiduciary.
Annotation to former section 45-45b:
Cited. 193 C. 393.
Annotations to present section:
Cited. 237 C. 233.
Cited. 44 CS 169.
Notes of Decisions
In Re Henrry P. B.-P., 173 A.3d 928 (Conn. 2017).
· cites it 3× “" Section 45a-616 (b) refers to the standards set forth in General Statutes § 45a-617, which provides: "When appointing a guardian, coguardians or permanent guardian of the person of a minor, the court shall take into consideration the following factors: (1) The ability of the…”
In re Henrry P. B.-P., 156 A.3d 673 (Conn. App. Ct. 2017).
· cites it 4× “" General Statutes § 45a-617 provides that "[w]hen appointing a guardian, coguardians or permanent guardian of the person of a minor, the court shall take into consideration the following factors: (1) The ability of the prospective guardian, coguardians or permanent guardian to…”
Prigge v. Ragaglia, 828 A.2d 542 (Conn. 2003).
“The court of probate may, upon such application and hearing, substitute the guardian or coguardians chosen by the ward to be the guardian or coguardians of the person of the ward after consideration of the standards set forth in section 45a-617. “(c) A parental appointment…”
Garrett's Appeal From Prob., 677 A.2d 1000 (Conn. Super. Ct. 1994).
· cites it 5× “[t]he ability of the prospective guardian to meet, on a continuing day to day basis, the physical, emotional, moral and educational needs of the minor .”
In re Henrry P. B.-P. (Conn. App. Ct. 2017).
· cites it 4× “’’ General Statutes § 45a-617 provides that ‘‘[w]hen appointing a guardian, coguardians or permanent guardian of the person of a minor, the court shall take into consideration the following factors: (1) The ability of the prospective guardian, coguardians or permanent guardian…”
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