Probate

Probate Administration, Conservatorships, Guardianships, Persons with Intellectual Disability

Probate Administration

Jones Washburn-Gonzalez, LLP works hard to make the probate process as simple as possible for people who have just lost a family member or friend. We represent Executors and Administrators by guiding them through the estate administration process from start to finish.

The probate process in Connecticut can be lengthy. There are several forms that the Executor or a court-appointed Administrator (if the Will did not name an Executor) must fill out over a period of several months. As our client, we will guide you through these steps so that you can have peace of mind knowing that the process is being handled professionally and efficiently.

If you believe that your family member or friend was under undue influence, duress, or already incapacitated when he or she executed a Will, you may have the right to petition the court that the Will should not go through probate.

Conservatorships

A conservator is a person appointed by the Probate Court to oversee the financial and/or personal affairs of an adult person who either asks for someone to be appointed to assist them or who is determined by the Probate Court to be incapable of managing his or her affairs or unable to care for himself or herself.

There are two basic types of conservatorships to accommodate the different needs of individuals. A “Conservator of the Person” is appointed to supervise the personal affairs and needs of an individual which may include, but are not limited to, the need for food, clothing, shelter, health care and safety.

A “Conservator of the Estate” supervises the financial affairs of an individual which may include, but is not limited to, actions to obtain and manage assets, income and public assistance benefits.

A person may be in need of one or both types of conservators. Two separate individuals may perform these two roles, or one person may serve in both capacities.

An adult with intellectual disability may be in need of a Conservator of the Estate to manage his or her financial affairs, while a Guardian of the Person with Intellectual Disability is appropriate to oversee his or her personal affairs.

As Attorneys regularly appearing in conservatorship matters, we are prepared to answer your questions and represent you in these matters.

Guardianships

In Connecticut, a person under the age of 18 is considered to be a minor. A guardian is a person who has the legal right and duty to take care of a minor or a minor’s property. Guardianship results either by virtue of the role as parent of the minor or appointment by a Probate Court or other court of competent jurisdiction. This right and duty includes the obligation of care and control of that minor and/or his or her property and the authority to make major decisions affecting the minor’s welfare.

Like conservatorships, there are two types of guardianships: Guardianship of the Person of a Minor and Guardianship of the Estate of a Minor. A Guardian of the Person has the responsibility to care for the person of the minor. A Guardian of the Estate is required to manage the property of the minor.

There are several subcategories of guardianship such as Temporary Guardian of the Person of a Minor, Standby Guardian, Co-Guardians, and Permanent Guardianship to name a few.

Please contact us to discuss your guardianship matter in more detail.

Persons with Intellectual Disability

Adults with intellectual disability may be partially or totally unable to meet essential requirements for their physical health or safety and/or unable to make informed decisions about matters related to their care. In such cases, the Probate Court is authorized to appoint a guardian to supervise all aspects or certain aspects of the care of an adult with intellectual disability.

“Intellectual disability” is defined by statute as a significant limitation in intellectual functioning and deficits in adaptive behavior that originated during the developmental period before eighteen years of age.

The court can appoint a guardian only if it finds that the person has intellectual disability in accordance with this statutory definition. Not everyone with a developmental disability will fall within this definition.

Contact us to answer your questions and provide legal representation in all aspects of the probate process. Probate can be a stressful and emotional process, and we can handle your most sensitive requests in a delicate and professional manner.