As more people live longer, their legal needs change and increase, said Judge Frank Forgione, who presides over the Branford and North Branford Probate Courts.
Forgione (pictured) discussed the many areas of family life covered by the probate courts during this week’s episode of WNHH radio’s “Legal Eagle” program.
These days there are more applications for appointment of a conservator “of the person and the estate” of incapable individuals than when he first came to the bench 24 years ago, Judge Forgione said.
He also discussed the consolidation of the state’s probate courts five years ago, calling it a “huge, positive step.” But the remaining 54 courts statewide are now operating without a budget, he said. State government funding for the probate courts was eliminated from the budget, a total of $32 million over two years.
To make up for that loss, the governor and the legislature eliminated the $12,500 cap on probate court fees and doubled the fee on estates worth more than $2 million. As a result filing fees have soared, especially for the wealthy, as Connecticut becomes the most expensive place to die in the U.S. The judge said he hopes the budget or at least part of will be restored.
How Probate Courts Have Changed
“When I was first elected we primarily handled decedents’ estates. Now what seems to occupy a majority of our time are children’s matters and conservatorship and guardianship issues,” Forgione said in the interview. He said one of the best advances in the state was the creation of the regional children’s court in New Haven, which functions quickly and efficiently during a family crisis.
“As people are living longer, what we are seeing that they are afflicted by more health problems. There are more cognitive and mental problems, along with the growth of dementia and Alzheimer’s disease, situations in which people are incapable of caring for themselves and their finances. And this necessitates that people be appointed to take care of them, by that I mean to manage their finances and make decisions regarding their daily living. So, for example, children may see that their mother or father may be so cognitively impaired that they cannot make rational decisions.”
Often, he said, children testify as to their parents’ state of mind. In addition, medical evidence is also needed and doctors come to court to explain their findings in these cases. The conservatorship hearings are held within 30 days of receiving an application. Attorneys are appointed. The judge will hold a hearing, receive evidence and decide whether a conservator is warranted.
More Adversarial
Judge Forgione said he sees some cases becoming more adversarial than in the past even though family relationships of a lifetime may be severed.
“As the society has become more litigious and more adversarial we are seeing an uptick in the adversarial process in the probate court. That’s a reality…. People are not agreeing. They have the right to disagree, and if they can’t resolve their dispute we will hold a trial in the probate court. The judge will make the decision and people have the right to appeal but if they can’t reach an agreement on the issues, we hold a trial.
“What I try to do is encourage people to talk to each other, to communicate. What are the issues? Are they insurmountable? What are you truly fighting over? Money? A car? A valuable piece of memorabilia perhaps your father’s police badge? These families have been together all their lives… Do you want to irreparably damage your family relationships over whatever the issue is? Is the issue that important? I try to get people to talk to each other. I see young people texting all the time. Pick up the phone!”
To listen to the entire interview, click on the above sound file.
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