Conservator Rules and Guidelines for the Connecticut Probate Court
by
Joseph C. Maya on Apr. 05, 2017
Estate Estate Wills & Probate Estate Trusts
Summary: Blog post on the rules and guidelines that conservators must follow in Connecticut probate proceedings.
To speak with an experienced probate law attorney, please contact the experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or at JMaya@Mayalaw.com.
What is a conservator?
A conservator is a person appointed by the Probate Court to oversee the financial and/or personal affairs of an adult person who is determined by the Probate Court to be incapable of managing his or her affairs or unable to care for himself or herself. A conservator may also be appointed for the same purpose for a capable person who
requests such assistance.
The term “respondent” refers to a person for whom a conservatorship petition has been filed. If the Probate Court determines that the respondent is incapable and appoints a conservator, he or she is then referred to as a “conserved person.”
There are two basic types of conservatorships to accommodate the different needs of individuals. A “conservator of the person” is appointed to supervise the personal affairs of an individual who is found by the court to be unable, even with appropriate assistance, to meet essential requirements for personal needs. These needs may
include, but are not limited to, food, clothing, shelter, health care and safety. A “conservator of the estate” is appointed to supervise the financial affairs of an individual who is found by the court to be incapable of doing so himself or herself to the extent that property will be wasted unless adequate property management is provided. This may include, but is not limited to, actions to obtain and manage assets, income and public assistance benefits.
A person may be in need of one or both types of conservators. Two separate individuals may perform these two roles, or one person may serve in both capacities. A conservator of the estate or person may be an individual, a legally authorized municipal or state official, or a private or nonprofit corporation. However, hospitals and nursing homes
cannot be appointed conservators of either the person or the estate, and banks cannot be appointed conservators of the person.
When a conservator is appointed for a person, a successor conservator can be named as well. The successor conservator replaces the appointed conservator if the appointed conservator resigns, is removed, is deemed incapable or dies. If such an event occurs, the Probate Court will issue a decree confirming the authority of the successor
conservator.
An adult with intellectual disability may be in need of a conservator of the estate to manage his or her financial affairs, while a guardian of the person with intellectual disability is appropriate to oversee his or her personal affairs.
Where does a person petition for the appointment of a conservator?
In Connecticut, the Probate Courts have sole jurisdiction over the appointment of conservators. A person filing a petition for a conservatorship must apply to the Probate Court for the probate district where the respondent (the person alleged to be incapable) resides, is domiciled or is located at the time of the filing of the petition. Probate Court has jurisdiction to appoint a conservator if Connecticut is the respondent’s “home state” at the time the petition for appointment of a conservator is filed. The home state is where the respondent lived for a continuous period of six months immediately before the filing of the petition.
What are the limitations on a conservator's authority?
The court assigns only the duties and authority that are the least restrictive means of intervention necessary to meet the needs of the conserved person. The “least restrictive means of intervention” means intervention that is sufficient to provide, within the resources available to the conserved person, either from his or her own estate or from private or public assistance, for a conserved person’s personal needs or property management while affording the conserved person the greatest amount of 3 independence and self-determination. The conserved person retains all rights and authority not expressly assigned to the conservator.
If you have any questions or would like to speak to a probate law attorney about a will, trust, or estate matter, please contact the experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or at JMaya@Mayalaw.com.
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Source- http://www.ctprobate.gov/Documents/User%20Guide%20-%20Conservators.pdf
