# Conn. Gen. Stat. § 45a-596: Sec. 45a-596. (Formerly Sec. 45-51). Parental appointment of guardian or coguardian of minor upon death of parents

> Connecticut · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_CT_T45a_C802h_S45a-596

## Section

- **Citation:** Conn. Gen. Stat. § 45a-596
- **Heading:** Sec. 45a-596. (Formerly Sec. 45-51). Parental appointment of guardian or coguardian of minor upon death of parents
- **Jurisdiction:** Connecticut
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Connecticut Code / Title 45a / Chapter 802h / Section 45a-596

## Text

(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.

## Nearby sections

- [Conn. Gen. Stat. § 45a-593 Sec. 45a-593. (Formerly Sec. 45-58). United States Secretary of Veterans Affairs or successor to be a party in interest. Notice.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T45a_C802h_S45a-593.md)
- [Conn. Gen. Stat. § 45a-594 Sec. 45a-594. (Formerly Sec. 45-60). Compensation of guardian or conservator of social services beneficiary or veteran.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T45a_C802h_S45a-594.md)
- [Conn. Gen. Stat. § 45a-596 Sec. 45a-596. (Formerly Sec. 45-51). Parental appointment of guardian or coguardian of minor upon death of parents.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T45a_C802h_S45a-596.md)
- [Conn. Gen. Stat. § 45a-597 Sec. 45a-597. (Formerly Sec. 45-60a). Payment by guardian or conservator of administration expenses of deceased person.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T45a_C802h_S45a-597.md)
- [Conn. Gen. Stat. § 45a-599 Sec. 45a-599. Transfer of guardianship file between Probate Courts.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T45a_C802h_S45a-599.md)
- [Conn. Gen. Stat. § 45a-603 Sec. 45a-603. (Formerly Sec. 45-42). Residence of minor defined.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T45a_C802h_S45a-603.md)
- [Conn. Gen. Stat. § 45a-604 Sec. 45a-604. (Formerly Sec. 45-42a). Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T45a_C802h_S45a-604.md)
- [Conn. Gen. Stat. § 45a-605 Sec. 45a-605. (Formerly Sec. 45-42b). Provisions construed in best interest of minor child.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T45a_C802h_S45a-605.md)
- [Conn. Gen. Stat. § 45a-606 Sec. 45a-606. (Formerly Sec. 45-43). Father and mother joint guardians.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T45a_C802h_S45a-606.md)
- [Conn. Gen. Stat. § 45a-607 Sec. 45a-607. (Formerly Sec. 45-44). Temporary custody of minor pending application to probate court for removal of guardian or termination of parental rights.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T45a_C802h_S45a-607.md)
- [Conn. Gen. Stat. § 45a-608 Sec. 45a-608. (Formerly Sec. 45-44a). Temporary custody of minor. Rights and duties.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T45a_C802h_S45a-608.md)
- [Conn. Gen. Stat. § 45a-608n Sec. 45a-608n. Designation of minor child as having special immigrant juvenile status pursuant to pending petition for removal or appointment of guardian.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T45a_C802h_S45a-608n.md)
- [Conn. Gen. Stat. § 45a-608o Sec. 45a-608o. Designation of minor child as having special immigrant juvenile status pursuant to pending petition to terminate parental rights or approve adoption.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T45a_C802h_S45a-608o.md)
- [Conn. Gen. Stat. § 45a-609 Sec. 45a-609. (Formerly Sec. 45-44b). Application for removal of parent as guardian. Hearing. Notice. Examination.](https://www.frixlaw.com/law-library/statutes/STATE_CT_T45a_C802h_S45a-609.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_CT_T45a_C802h_S45a-596. Check the current official text before relying on it. Not legal advice.
