§ 45a-660 — (Formerly Sec. 45-77). Termination of conservatorship. Review of conservatorship by court.

Connecticut § 45a-660

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

Text

(a)(1) A conserved person may, at any time, petition the Probate Court having jurisdiction for the termination of a conservatorship. A petition for termination of a conservatorship shall be determined by a preponderance of the evidence. The conserved person shall not be required to present medical evidence at such a hearing. A hearing on the petition shall be held not later than thirty days after the date the petition was filed in the Probate Court, unless the hearing is continued for good cause. If such hearing is not held within such thirty-day period or continuance period, if applicable, the conservatorship shall terminate. If the Probate Court having jurisdiction finds a conserved person to be capable of caring for himself or herself, the court shall, upon hearing and after notice, order that the conservatorship of the person be terminated. If the court finds upon hearing and after notice which the court prescribes, that a conserved person is capable of managing his or her own affairs, the court shall order that the conservatorship of the estate be terminated and that the remaining portion of the conserved person's property be restored to the conserved person. Unless the court determines that reinstatement is not in the best interests of the conserved person, the court shall order the reinstatement of any authority of any agent under a power of attorney that was previously limited or suspended by the court because of the conservatorship. (2) If the court finds upon hearing and after notice which the court prescribes that a conserved person has no assets of any kind remaining except for that amount allowed by subsection (c) of section 17b-80, the court may order that the conservatorship of the estate be terminated. The court shall thereupon order distribution of the remaining assets to the conservator of the person or, if there is no conservator or the conservator declines or is unable to accept or the conservator is the Commissioner of Social Services, to some suitable person, to be determined by the court, to hold for the benefit of the conserved person, upon such conservator or person giving such probate bond, if any, as the court orders. (3) If any conserved person having a conservator dies, the conserved person's property other than property which has accrued from the sale of the conserved person's real property shall be delivered to the conserved person's executor or administrator. The unexpended proceeds of the conserved person's real property sold as aforesaid shall go into the hands of the executor or administrator, to be distributed as such real property would have been. (b) (1) In any case under subsection (a) of this section the conservator shall file in the court the conservator's final account, and the court shall audit the account and allow the account if it is found to be correct. If the conserved person is living, the conserved person and the conserved person's attorney, if any, shall be entitled to notice by first class mail of any hearing held on the final account. (2) The court of probate having jurisdiction shall send written notice annually to the conserved person and the conserved person's attorney that the conserved person has a right to a hearing under this section. Upon receipt of request for such hearing the court shall set a time and date for the hearing, which date shall not be more than thirty days from the receipt of the request unless continued for cause shown. (c) The court shall review each conservatorship not later than one year after the conservatorship was ordered, and not less than every three years after such initial one-year review. After each such review, the court shall continue, modify or terminate the order for conservatorship. The court shall receive and review written evidence as to the condition of the conserved person. The conservator and a physician licensed to practice medicine in this state shall each submit a written report to the court not more than forty-five days after the court's request for such report, except that for a person with intellectual disability, as defined in section 1-1g , a psychologist licensed pursuant to chapter 383 may submit such written report in lieu of a physician. On receipt of a written report from the conservator or a physician or psychologist, as the case may be, the court shall provide a copy of the report to the conserved person and the attorney for the conserved person. If the conserved person is unable to request or obtain an attorney, the court shall appoint an attorney. If the conserved person is unable to pay for the services of the attorney, the reasonable rates of compensation of such attorney shall be established by, and the attorney shall be paid from funds appropriated to, the Judicial Department. If funds have not been included in the budget of the Judicial Department for such purposes, such rates of compensation shall be established by the Probate Court Administrator and the attorney shall be paid from the Probate Court Administration Fund. The physician or psychologist, as the case may be, shall examine the conserved person not more than forty-five days prior to the date of submission of the physician's or psychologist's report. Any physician's or psychologist's report filed with the court pursuant to this subsection shall be confidential. The court may issue an order for the disclosure of medical information or psychological information received pursuant to this subsection, except that the court shall issue an order for the disclosure of such information to the conserved person's attorney. Not later than thirty days after receipt of the conservator's report and the physician's or psychologist's report, as the case may be, the attorney for the conserved person shall notify the court that the attorney has met with the conserved person and shall inform the court as to whether a hearing is being requested. Nothing in this section shall prevent the conserved person or the conserved person's attorney from requesting a hearing at any other time as permitted by law. (d) If the court finds, after receipt of the reports from the attorney for the conserved person, the physician or psychologist, as the case may be, and the conservator, by clear and convincing evidence, that the conserved person continues to be incapable of managing his or her affairs or continues to be incapable of caring for himself or herself, as the case may be, and that there are no less restrictive means available to assist the conserved person in managing his or her affairs or caring for himself or herself, as the case may be, the court shall continue or modify the conservatorship under the terms and conditions of the appointment of the conservator under section 45a-650 . If the court does not make such a finding of continued incapacity by clear and convincing evidence, the court shall terminate the conservatorship. A hearing on the condition of the conserved person shall not be required under this subsection, except that the court may hold a hearing in its discretion and shall hold a hearing if the conserved person, conserved person's attorney or conservator requests a hearing, in which case the court shall hold a hearing within thirty days of such request.

Legislative History

(1949 Rev., S. 6880; 1967, P.A. 196, S. 1; P.A. 77-446, S. 12; P.A. 80-476, S. 137; P.A. 84-271, S. 7; P.A. 86-195, S. 2; P.A. 87-97; 87-565, S. 4; P.A. 91-71, S. 1; P.A. 93-262, S. 1, 87; P.A. 96-170, S. 18, 23; P.A. 97-90, S. 5, 6; P.A. 04-142, S. 5; P.A. 07-116, S. 23; P.A. 14-121, S. 2; P.A. 15-240, S. 53; P.A. 16-40, S. 8, 9; P.A. 17-91, S. 13.) History: 1967 act deleted requirement for “public notice”, requiring only such notice as court prescribes; P.A. 77-446 rephrased provisions to distinguish between person's ability to care for himself and his ability to manage his affairs and added provision requiring that ward, if living, and his attorney be entitled to notice of any hearing on any final account; P.A. 80-476 rephrased provisions and substituted “property” for “estate”; P.A. 84-271 required the court of probate to send written notice annually to the ward or his or her attorney of the right to a hearing, to set a time and date for a hearing upon request, and to hold a hearing at least once in every five-year period; P.A. 86-195 added provision re notice of hearing once every five years by certified mail, return receipt requested, in lieu of personal service; P.A. 87-97 divided section into Subsecs. added provision re termination of conservatorship if ward has no remaining assets except for amount allowed under Subsec. (c) of Sec. 17-82d and distribution of such assets; P.A. 87-565 amended Subsec. (a) adding “if there is no conservator or the conservator declines or is unable to accept or the conservator is the commissioner of human resources”; Sec. 45a-77 transferred to Sec. 45a-660 in 1991; P.A. 91-71 amended Subsec. (b) by deleting language requiring that court hold hearing at least once in every five years in manner provided in Secs. 45a-649 and 45a-650, except notice may be by certified mail in lieu of personal service, and added Subsecs. (c) and (d) requiring conservatorship review hearings at least every three years, receipt and review of written evidence as to condition of ward, prepared by conservator, physician and attorney for ward, provided if court determines that there has been no change in the condition of ward since last review, no hearing shall be required, but the court, it is discretion, may hold such hearing or such hearing shall be held upon request of the attorney, physician or conservator; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; (Revisor's note: In 1997 the reference in Subsec. (c) to “Probate Administration Fund” was changed editorially by the Revisors to “Probate Court Administration Fund” to conform section to Sec. 45a-82); P.A. 96-170 amended Subsec. (c) by changing funding of compensation of counsel from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 97-90 revised effective date of P.A. 96-170 but without affecting this section; P.A. 04-142 amended Subsec. (c) by adding provisions re confidentiality of physician's report filed with the court and re court order for disclosure of required medical information and by making technical changes; P.A. 07-116 substituted “conserved person” for “ward”, “first class mail” for “regular mail”, and “reasonable rates of compensation” for “reasonable compensation”, amended Subsec. (a) re conserved person's ability to petition at any time for termination of conservatorship and hearing on such petition, amended Subsec. (c) to substitute review of conservatorship not later than one year after order, and not less than every three years after first review, for review every three years, delete requirement that attorney for ward submit written report, provide that on receipt of written report from conservator or physician, court shall provide copy to conserved person and attorney, and insert requirements re order for disclosure of medical information to conserved person's attorney and notice and time of hearing, amended Subsec. (d) to require clear and convincing evidence that conserved person continues to be incapable and there be no less restrictive means available for care of conserved person in order for conservatorship to be continued or modified, and replace provision re hearing held on request of physician with provision re hearing held on request of conserved person, and made technical changes; P.A. 14-121 amended Subsec. (c) to add provision re psychologist may submit written report in lieu of physician for person with intellectual disability, and made technical and conforming changes in Subsecs. (c) and (d); P.A. 15-240 amended Subsec. (a)(1) by adding provision re court may order reinstatement of any authority of any agent under power of attorney that was previously limited, suspended or terminated by the court because of conservatorship, effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 53, from July 1, 2016, to October 1, 2016, effective May 27, 2016, and amended Subsec. (a)(1) by deleting provision re court order of reinstatement of authority of agent under power of attorney that was previously terminated by the court because of conservatorship and by making a technical change, effective October 1, 2016; P.A. 17-91 amended Subsec. (a)(1) by replacing “may order” with “shall order” re court reinstatement of authority of agent under power of attorney that was previously limited or suspended by the court because of conservatorship, adding “unless the court determines that reinstatement is not in the best interests of the conserved person” and making technical changes, effective July 1, 2017. Annotations to former section 45-77: Failure of court to appoint successor to conservator who resigned and return of possession of property to ward held to terminate conservatorship. 113 C. 606. Cited. 192 C. 479; 209 C. 260. Cited. 2 CA 251.