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Connecticut Public Acts 1996

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Senate Bill No. 617

PUBLIC ACT NO. 96-98

AN ACT CONCERNING THE APPOINTMENT OF TESTAMENTARY GUARDIANS.

Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 45a-596 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The surviving parent of any minor may by will appoint a person or persons [who shall be] AS guardian or co-guardians of the person of such minor, a guardian or co-guardians of the estate or both. Such appointment shall not supersede the previous appointment of a guardian made by the court of probate having jurisdiction.

(b) The ward of 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 co-guardians of his person to supersede the testamentary guardian. The court of probate may, upon such application and hearing, substitute such guardian or co-guardians chosen by such ward to be the guardian or co-guardians of the person of the ward. [If the custody of any child has been committed to either parent by the Superior Court, such parent alone shall have the power of appointing a guardian or co-guardians as provided in this section.]

(c) Any [such] guardian or co-guardians 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 co-guardians of the person shall furnish a written acceptance of guardianship and, if the court deems it necessary for the protection of the minor, a probate bond. A guardian or co-guardians of the estate shall furnish a probate bond. Upon such acceptance of guardianship or furnishing such bond, such guardian or co-guardians shall have the same power over the person and estate of such minor as guardians appointed by the court of probate.

Approved May 8, 1996. Effective October 1, 1996.

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