Case: Phoebe v. Solnit
252 Conn. 68 (1999) Mental Health : CT
Supreme Court
2000
The court held that—in the
absence of a Probate Court finding that the plaintiff was incapable
of exercising her rights—her status as a conserved person did not
affect her authority to assert a claim under the patients' bill
of rights; the court explained that the patient's statutory right
to be an active participant in her treatment plan included the right
to have an advocate to assist her in participating in her treatment
plan.
The court remanded the case
to trial court to determine whether there are exceptional circumstances
such a next friend could sue on behalf of the conserved plaintiff.
