Maya McFadden Photo
The judge remains in court: Graves prepares for phone-call proceedings.
The New Haven Probate court has remained functioning — while closing physical doors to the public —through the Covid-19 pandemic as it fields an increase in petitions or changes to medical code status for the ill.
This past Thursday, Probate Judge Clifton Graves Jr. had an agenda of five hearings. The hearings were dealt with via telephone while the state continues to work on the installation of the web conferencing and videoconferencing application Cisco Webex for all 54 district probate courts.
State Probate Court Administrator Judge Beverly Streit-Kefalas said a webinar training of Webex for judges was offered in April and a user guide for the public is available on the website.
Graves’s last hearing of the day involved an emergency request hearing for a petition to change the code status of a 70-year-old hospital patient to a do-not-resuscitate (DNR) order by the request of the patient’s conservator of 11 years, attorney, and the hospital.
The hearing for the patient was originally scheduled for June 9. Due to the patient’s condition, it was expedited.
After a confidential medical debrief of the patient’s condition, who remained in the hospital for the past 20 days and is intubated and on ventilator support, Graves granted approval for the petition to change the code status to DNR.
While some other courts around the state closed or partially cut back operations at the start of the pandemic, probate courts have been deemed essential to deal with matters under its jurisdiction such as conservatorship proceedings, administration of trusts and estates, name changes, decisions affecting medical treatment, and claims involving the care and guardianship of minors.
New Haven’s probate court is the state’s busiest, said Graves.
When the pandemic struck, Chief Clerk Patrizia Clark organized a rotating schedule for the staff of 11 at the 200 Orange Street court suite to keep people safe.
The clerk’s office is staffed with a three-on three-off schedule. Each staff member keeps a distance of six feet from each other and wears a mask.
At the start of the pandemic in March the court began seeing an increase in petitions to switch DNR and do-not-incubate (DNI) orders, particularly from nursing homes. Clark said the office was arranging five to six code status hearing a week.
In addition to cases involving seniors with preexisting illnesses, petitions involving Covid-19 cases were also filed when hospitals were dealing with a shortage of ventilators.
Graves said he keeps a focus on protecting patients’ rights, balanced with supporting public health concerns.
“It’s all about competence, compassion, and connectedness,” said Graves.
Before the pandemic Graves was open to operating as a mobile court of sorts. At times Graves would have hearings at nursing homes and hospitals. “Now we’re sticking to remotely doing business to keep everyone safe,” Graves said.
Court petitions and supporting documents now must be mailed, electronically filed, or faxed to the court.
Graves receives a hearing list each day. In addition to the DNR order hearing on Thursday, Graves dealt with a release of funds petition from a special needs trust.
The conservator represented the trustee, a mother seeking a $13,900 reimbursement of medical treatment cost paid out of pocket for her daughter with cerebral palsy. Graves granted permission for the release of funds petition.
Graves was accompanied by Nicholas Zebb, the court’s staff attorney, during the hearings.
The judge’s job to make difficult decisions has continued through the pandemic. “There are no winners in many of these cases,” he said. “I made a pledge to serve the public with a thoughtful approach.”
There have also been more petitions filed with the court for custody of unclaimed individuals’ remains by funeral homes and hospitals.
The court’s caseload has also increased because of the reduced schedule of other facilities like the mailroom due to the pandemic. The court’s mail is only picked up twice a week now, said Clark.
“This is a testament to the dedication and commitment of clerks, family specialists, and judges in the system to all people who need probate court services,” said Streit-Kefalas.
