§ 45a-656 — (Formerly Sec. 45-75a). Duties of conservator of the person. Determinations re breach of fiduciary duty.

Connecticut § 45a-656

• Jurisdiction: Connecticut
• Title 45a: Probate Courts and Procedure
• Ch. 802h: Protected Persons and Their Property

Text

(a) The conservator of the person shall have the duties and authority expressly assigned by the court pursuant to section 45a-650, which duties and authority may include: (1) The duty and responsibility for the general custody of the conserved person; (2) the authority to establish the conserved person's residence within the state, subject to the provisions of section 45a-656b; (3) the authority to give consent for the conserved person's medical or other professional care, counsel, treatment or service; (4) the duty to provide for the care, comfort and maintenance of the conserved person; (5) the authority to execute a written document in advance of the conserved person's death, in accordance with section 45a-318, directing the disposition of the conserved person's body upon the death of such person or designating an individual to have custody and control of the disposition of such person's body upon the death of such person; and (6) the duty to take reasonable care of the conserved person's personal effects. (b) In carrying out the duties and authority assigned by the court, the conservator of the person shall be guided by the standards of practice adopted under subsection (h) of section 45a-77 and shall exercise such duties and authority in a manner that is the least restrictive means of intervention. The conservator shall (1) assist the conserved person in removing obstacles to independence, (2) assist the conserved person in achieving self-reliance, (3) ascertain the conserved person's views, (4) make decisions in conformance with the conserved person's reasonable and informed expressed preferences, (5) make all reasonable efforts to ascertain the health care instructions and other wishes of the conserved person, and (6) make decisions in conformance with (A) the conserved person's expressed health care preferences, including health care instructions and other wishes, if any, described in section 19a-580e , or validly executed health care instructions described in section 19a-580g , or (B) a health care decision of a health care representative described in subsection (b) of section 19a-580e , except under a circumstance set forth in subsection (b) of section 19a-580e . The conservator shall afford the conserved person the opportunity to participate meaningfully in decision-making in accordance with the conserved person's abilities and shall delegate to the conserved person reasonable responsibility for decisions affecting such conserved person's well-being. (c) The conservator shall report at least annually to the Probate Court that appointed the conservator regarding the condition of the conserved person, the efforts made to encourage the independence of the conserved person and the conservator's statement on whether the appointment of the conservator is the least restrictive means of intervention for managing the conserved person's needs. The duties, responsibilities and authority assigned pursuant to section 45a-650 or set forth in this section shall be carried out within the resources available to the conserved person, either through the conserved person's own estate or through private or public assistance. (d) The conservator of the person shall not have the power or authority to cause the respondent to be committed to any institution for the treatment of the mentally ill except under the provisions of sections 17a-75 to 17a-83 , inclusive, 17a-456 to 17a-483 , inclusive, 17a-495 to 17a-528 , inclusive, 17a-540 to 17a-550 , inclusive, 17a-560 to 17a-575 , inclusive, 17a-615 to 17a-618 , inclusive, and 17a-621 to 17a-664 , inclusive, and chapter 359. (e) When determining whether a conservator has breached a fiduciary duty, the Probate Court having jurisdiction over the conservatorship may consider evidence of a conservator's failure to adhere to a provision contained in the standards of practice adopted under subsection (h) of section 45a-77 but such failure shall not, in itself, constitute a breach of fiduciary duty. See Sec. 45a-656b re duties of conservator.

Legislative History

(P.A. 77-446, S. 8; P.A. 80-476, S. 132; P.A. 94-27, S. 13, 17; P.A. 05-155, S. 1; P.A. 07-73, S. 2(a); 07-116, S. 20; P.A. 14-204, S. 3; P.A. 17-7, S. 4; P.A. 18-86, S. 47, 48; P.A. 22-69, S. 28.) History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-75a transferred to Sec. 45a-656 in 1991; P.A. 94-27 amended Subsec. (b) to delete reference to Secs. 17a-580 to 17a-603, inclusive, effective July 1, 1994; P.A. 05-155 amended Subsec. (a) to substitute “the ward's” for “his”, and added new Subsec. (c) re duties if the conservator determines it is necessary to place the ward in an institution for long-term care; pursuant to P.A. 07-73 “Department of Mental Retardation” was changed editorially by the Revisors to “Department of Developmental Services” in Subsec. (c), effective October 1, 2007; P.A. 07-116 substituted “authority” for “power”, substituted “conserved person” for “ward” and “respondent”, amended Subsec. (a) to insert “the duties and authority expressly assigned by the court pursuant to section 45a-650, which duties and authority may include” and provide that powers are subject to Sec. 45a-656b, inserted new Subsec. (b) re exercise of duties, designated existing reporting requirements as Subsec. (c) and amended same to require report to include efforts made to encourage independence and statement on whether appointment of conservator is least restrictive means of intervention, redesignated existing Subsec. (b) as Subsec. (d), deleted former Subsec. (c) re placement of ward in institution for long-term care, and made technical changes; P.A. 14-204 amended Subsec. (a) by adding new Subdiv. (5) re conservator's authority to execute written document in advance of conserved person's death re disposition or custody and control of body and redesignating existing Subdiv. (5) as Subdiv. (6); P.A. 17-7 amended Subsec. (b) by adding provision re conservator to be guided by standards of practice adopted under Sec. 45a-77(h), added Subsec. (e) re Probate Court determination as to whether conservator breached fiduciary duty, and made technical changes in Subsecs. (b) and (c), effective July 1, 2018; P.A. 18-86 amended Subsec. (d) by replacing reference to Sec. 17a-576 with reference to Sec. 17a-575, effective June 4, 2018, and July 1, 2018; P.A. 22-69 amended Subsec. (d) by replacing “17a-484” with “17a-483”, effective May 24, 2022. A conservator of the person lacks standing to bring an action on behalf of conserved person to collect debts owed the estate or otherwise protect the ward's estate, but a conservator of the estate would be the proper party to request adjudication of such issues. 132 CA 644. Subsec. (a): Complaint of plaintiff, a state licensed nursing home, stated legally sufficient cause of action under Sec. 45a-144 against defendant conservator, and plaintiff had right to bring action on probate bond to recover loss it suffered as a result of defendant's breach of duties under Sec. 45a-655(a) and this Subsec., as conservator of estate and of person, to ensure timely payment for services rendered by plaintiff; Sec. 45a-144(a) provides cause of action for three separate categories of plaintiff, including any person aggrieved “in his own right” and, accordingly, complaint stated legally sufficient cause of action. 257 C. 531. Under 2005 revision, Probate Court does not have statutory authority to issue injunctive orders to third parties to carry out its decisions on behalf of a conserved person. 304 C. 234. Complaint re timely spend down of assets was insufficient to support cause of action when plaintiff did not allege a breach of duty under section. 58 CA 1.