Connecticut Guardianship vs Conservatorship for Disabled Adults

Connecticut Draws the Line at IQ

Most states use "guardianship" and "conservatorship" to distinguish between personal care authority and financial management. Connecticut is different. Here, the dividing line is the individual's cognitive profile, and getting the classification right determines which petition you file, which evaluation process applies, and which ongoing obligations the court imposes.

Guardianship under C.G.S. § 45a-670 through § 45a-684 is reserved exclusively for adults with intellectual disabilities — defined as a documented IQ of 69 or below alongside significant adaptive behavior deficits originating before age eighteen.

Conservatorship under C.G.S. § 45a-648 applies to adults with other cognitive, developmental, psychiatric, or physical impairments who have an IQ of 70 or above. This includes adults with autism spectrum disorder, traumatic brain injuries, severe mental illness, or acquired cognitive conditions.

Filing the wrong petition can delay the case while you move to the correct track — costing time during a period when every month matters.

How the Processes Differ

Filing and Evaluation

Guardianship starts with Form PC-700 filed in the probate district where the young adult resides. You can file up to 180 days before their eighteenth birthday, though the hearing can't happen until after. The court — not the family — orders the evaluation. The Department of Developmental Services (DDS) sends a professional or assessment team to examine the individual and submits its findings on Form PC-770A within 45 days of the court's request. This evaluation is free.

Conservatorship starts with Form PC-300 (involuntary) or Form PC-301 (voluntary). For involuntary petitions, the family must arrange a private physician's evaluation — a Connecticut-licensed doctor who has personally examined the individual within 45 days prior to the hearing date, submitted on Form PC-370. This evaluation is not free; the physician sets their own fee.

Both petition types carry a $250 filing fee. The fee-waiver form is PC-184 for the petitioner and PC-184A for other than the petitioner.

Scope of Authority

A guardian oversees personal welfare: housing, medical care, educational and vocational programs, daily activities, and social relationships. If the protected person has assets under $10,000, the guardian can request financial management authority through Form PC-7007. Assets above $10,000 require a separate conservatorship of the estate.

A conservator can be appointed over the person, the estate, or both. A conservator of the person handles personal welfare decisions. A conservator of the estate manages all financial affairs — paying bills, protecting property, filing taxes, managing investments — with no asset ceiling. Estate conservators must post a probate bond and submit detailed financial accountings to the court every three years.

Ongoing Reporting

Guardians file an annual well-being report (Form PC-771) describing the protected person's physical health, living arrangements, and programs. The court reviews the guardianship at least once every three years.

Conservators of the estate file a detailed asset inventory (Form PC-440) within two months of appointment, then periodic financial accounts (Form PC-441 or PC-442) every three years. Conservators of the person face similar well-being reporting obligations.

Voluntary vs. Involuntary Conservatorship

Connecticut offers a voluntary track that guardianship does not. Under Form PC-301, a competent adult can ask the court to appoint a conservator of their choosing without any finding of incapacity. This is useful for young adults with disabilities who recognize they need help managing finances but want to choose who helps them.

The voluntary conservator can be terminated by the conserved person at any time with thirty days' written notice to the probate court.

Involuntary conservatorship — the more common path for transition-age families — requires clear and convincing evidence of incapacity, a physician's evaluation, and a full hearing with court-appointed counsel for the respondent.

Limited vs. Plenary Authority

Both guardianship and conservatorship can be limited or plenary:

• Limited — the court strips rights only in specific domains where incapacity is proven (managing medications, handling finances, choosing housing), while the individual retains autonomy in everything else
• Plenary — the court transfers all decision-making authority in designated areas to the fiduciary

Connecticut law requires courts to favor limited orders. If clinical evidence shows the individual can manage their social relationships but cannot handle finances, the court should limit the appointment to financial management and leave social autonomy intact.

Which One Do You Need?

The determination starts with your child's clinical profile:

1. Has your child been diagnosed with an intellectual disability (IQ ≤ 69)? → Guardianship track (Form PC-700). If they also have assets over $10,000, you'll add a conservatorship of the estate.
2. Does your child have autism, TBI, psychiatric conditions, or other impairments with an IQ ≥ 70? → Conservatorship track (Form PC-300 or PC-301).
3. Can your child sign legal documents and express basic preferences? → You may not need either. A durable power of attorney, health care representative designation, and supported decision making agreement may cover every gap without court involvement.

The Connecticut Adult Guardianship & Alternatives Guide maps this decision tree with a capacity assessment worksheet, side-by-side process comparisons for both tracks, and the specific forms and filing steps for each probate district.

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