Public Act.No. 01-140

On June 29, 2001 Governor John G. Rowland signed Public Act 01-140 AAC the Rights of Persons under Supervision of the Commissioner of Mental Retardation and Guardianship of Persons with Mental Retardation.

FORConn board members knew last year that there was talk about limiting the rights of the guardians because some individuals and advocates believed they know what is best for our wards in spite of the fact that guardians are appointed by the Probate Court after a thorough investigation of both the ward and the Guardian.

In the Fall of 2000, FORConn (Friends of Retarded Citizens of Connecticut) organized the Coalition for Guardianship Rights and started raising funds to hire a lobbyist to work with us in protecting our rights. Our aim was to get the "primary decision maker" language (see below) of the federal law added to Connecticut law.

Through the efforts of our lobbyist we were able to schedule a Legislative Breakfast in January, hosted by two well-known legislators. Key members of our General Assembly and all of the members of the Public Health Committee were invited to attend. Four guardians told about their experiences, both good and bad, emphasizing how important it is that their rights not be infringed or lessened. We also handed out information sheets on the Connecticut Guardianship Law and a number of related issues.

After hearing the testimonies, one of the Co-Chairs of the Public Health Committee offered to get our bill raised. Thereafter it had to be approved by both the Public Health Committee and the Judiciary Committee before going to the House and Senate. We asked everyone on all of our membership lists to write letters of support to the committees and to their representatives. We were in constant contact with our lobbyist, who attended every meeting during the five months of negotiations on the wording of the bill. It took hard work by all parties to get the bill passed two days before the end of the session.

Section 3 (I) of Public Act 01-140 states, "A plenary guardian or limited guardian of a mentally retarded person and, to the extent appropriate, such person shall be the primary decision maker with respect to programs needed by such person and policies and practices affecting the well-being of such person within the authority granted by the court pursuant to this section, provided any such decision does not conflict with the requirements of section 17a-238, as amended by this act. In making any such decision, the plenary guardian or limited guardian shall consult with the ward and appropriate members of the ward's family, where possible. A limited guardian shall be the primary decision-maker only with respect to such duties assigned to the limited guardian by the court. The provisions of this subsection shall be included in any court order appointing a plenary guardian or limited guardian of a mentally retarded person."

Read a Letter from FORConn president Bob Wood regarding the FORConn's involvement in the successful passage of Public Act 01140!

FORConn - Working since 1984 For Connecticut Residents who have Mental Retardation. Contact Us!