Orsi v. Senatore
In Orsi v. Senatore, 230 Conn. 459, 466-67, 645 A.2d 986 (1994), the court opined: "When a guardian has been appointed to protect the interests of a child, the guardian is usually the proper person to bring an action on behalf of the child." Orsi v. Senatore, supra, 230 Conn. at 467.
Although that is the general rule adopted by our courts, it allows for exceptions, such as when the nominal guardian is absent, unwilling or unable to fulfill his or her duties, or there exists a conflict of interest or other "'exceptional circumstances.'" Orsi v. Senatore, supra, 230 Conn. at 467.
The court must therefore determine whether such circumstances exist and, if they do, who is best suited to make a claim on behalf of the child. Id.