Legal Question in Wills and Trusts in Connecticut

Re: Legally incompetent?

You need to immediately go to the probate court in the town where your brother lives and file a Petition for Conservatorship of person and estate. The clerks of the probate court are very helpful.

You will request the probate court to appoint you as his conservator because he is unable to manage his own affairs. You will need to put down in the petition the reasons you are seeking a conservatorship along with what you know as his diagnosis.

Once the petition is filed, the probate court will require that a physician examine your brother to determine whether, he in fact, needs a conservator.

Most of this will rest upon whether the doctor agrees with you. You should ask the clerk who the doctor will be and how it will be arranged to have your brother evaluated.

Furthermore, an attorney will be appointed by the probate court to represent your brother. This is done to make sure that people who do not need a conservator are not conserved. The attorney will meet with your brother and inquire as to his mental status. You may want to speak with the attorney prior to the court hearing.

This is not a difficult process and hopefully your brother will get the help he needs. You are always free to hire your own attorney to represent you and assist you in the process.