Phoebe v. Solnit

Supreme Court

252 Conn. 68 (1999)

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.

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