Sec. 45a-596. (Formerly Sec. 45-51). Parental appointment of guardian or coguardian of minor upon death of parents.

(b) The ward of such a 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 coguardians of the person to supersede the appointed guardian. 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 becomes effective when the guardian's written acceptance is filed in the court in which the nominating instrument is probated, or, in the case of a nontestamentary nominating instrument, in the court for the probate district where the minor resides. Any guardian or coguardians appointed pursuant to this section shall receive the appointment subject to the control of the court of probate and subject to the provisions and restrictions to which the last surviving parent, as guardian, was subject at the time of such parent's decease. If the court deems it necessary for the protection of the minor, a guardian or coguardians of the person shall furnish a probate bond. A guardian or coguardians of the estate shall furnish a probate bond. Upon such acceptance of guardianship or furnishing such bond, the guardian or coguardians shall have the same power over the person and estate of such minor as guardians appointed by the court of probate.

Presumption that it is in child's best interest to allow a testamentary guardian named pursuant to section to serve as such is rebuttable by demonstrating, by a fair preponderance of the evidence, that it would be detrimental to the child to permit testamentary guardian to serve as such, and that detriment may be shown not just by demonstrating guardian's unfitness, but by demonstrating considerations that would be damaging, injurious or harmful to the child. 260 C. 182.

Section to be interpreted as mandating the appointment of sole surviving parent's testamentary choice of a guardian; presumption that best interests of child served by the appointment may be rebutted only by showing such appointment would be detrimental to the child. 24 CA 402.