A conservatorship is a legal arrangement in which one person or organization is appointed to manage the financial affairs and/or daily life of another person. The conserved person must be incapable of caring for himself or his property. In Connecticut, the Probate Court has the authority to name a conservator. This article explores the type of conservatorships available in Connecticut, as well as the responsibilities of a conservator toward the conserved person.
Types of Conservatorships
There are two forms of conservatorships in Connecticut. While a conservator of the estate manages the property of a conserved person, a conservator of the person manages the personal needs of the conservatee. A conservatorship may be voluntary or involuntary, and its duration may be temporary or permanent. When appointing a conservator of the person, the Probate Court is required to find the “least restrictive means of intervention.”
Duties of a Conservator of the Person
Because the Probate Court endeavors to afford the conservatee the utmost independence and self-determination, there is not a uniform list of duties for a conservator of the person. Generally, a conservator of the person is charged with providing for the comfort, care, and maintenance of the conserved person. In the case of extreme incapacity, the conservator may be responsible for the custody of the conserved person. He may have the authority to consent to medical treatment on behalf of the conservatee or find a residence for the conserved person. In other cases, the duties of a conservator may be triggered upon the occurrence of certain events, such as coma, medical settings, seizures, or institutionalization.
Duties of a Conservator of the Estate
A conservator of the estate is required to inventory the conservatee’s assets. He must document the income and expenditures of the conserved person, and he must provide a financial report to the Probate Court at least every three years. This duty to report is excused if the conservatee is a Medicaid recipient. In many cases, the conservator must research and apply for governmental benefits on behalf of the conserved person.
Connecticut permits the appointment of a conservator to manage the care and/or financial accounts of an incapable adult. Depending on the type of conservatorship established by the Probate Court, the conservator may have different duties vis-à-vis the conserved person. In all cases, the duties of a conservator will preserve, to the fullest extent possible, the independence and constitutional rights of the conservatee.