Conservator Duties and Responsibilities in Connecticut
A conservator in Connecticut is a court-appointed fiduciary with specific, court-defined duties. The conservator does not have unlimited authority. The appointment decree sets the boundaries, and everything the conservator does must fall within the least restrictive means of intervention necessary to meet the conserved person’s needs (CGS 45a-650(m)). Exceeding that authority, or failing to carry out assigned duties, exposes the conservator to removal and personal liability.
Duties of a Conservator of the Estate
A conservator of the estate manages the financial affairs of the conserved person. The core obligations are set out in CGS 45a-655:
Inventory. Within two months of appointment, the conservator must file a sworn inventory with the Probate Court listing all of the conserved person’s property at fair market value as of the appointment date. This includes real property, bank accounts, investments, personal property, and the conserved person’s interest in jointly held property (CGS 45a-655(a)).
Asset management. The conservator must manage the entire estate. This includes collecting income, paying debts, and applying income and principal as needed for the support of the conserved person and any family members the conserved person has a legal duty to support. The conservator may sue for and collect debts owed to the conserved person.
Investment standards. The conservator must follow the standards of practice adopted by the Probate Court Administrator under CGS 45a-77(h) and use the least restrictive means of intervention. Investment decisions should be prudent and appropriate to the conserved person’s circumstances, taking into account the size of the estate, the conserved person’s needs, and the likely duration of the conservatorship.
Annual accountings. The court may require annual accountings, and must do so upon the request of any interested party (CGS 45a-655(c)). The court holds a hearing on each accounting with notice to all persons entitled to notice under CGS 45a-649. Accountings must detail all receipts, disbursements, gains, losses, and assets on hand. The filing fee for an accounting is calculated under CGS 45a-108a, with a minimum of $50 and a maximum of $500 per year covered by the account.
Spousal support. If the conserved person is married, the conservator may apply a portion of the conserved person’s property to the support, maintenance, and medical treatment of the spouse, subject to court approval after hearing (CGS 45a-655(b)). For conserved persons receiving Medicaid, specific limits apply based on federal law (CGS 45a-655(d)).
Gift-making authority. A conservator has no inherent authority to make gifts. Gifts from the conserved person’s estate require a court petition, hearing with notice to the Commissioners of Administrative Services and Social Services, and a finding that the estate is more than sufficient to meet the conserved person’s present and foreseeable needs (CGS 45a-655(e)). The court will not authorize gifts designed to qualify the conserved person for government benefits.
Duties of a Conservator of the Person
A conservator of the person is responsible for the personal welfare of the conserved person. Duties are set out in CGS 45a-656 and are limited to those expressly assigned by the court:
General custody. The conservator has responsibility for the general custody of the conserved person, within the scope assigned by the court.
Residence. The conservator may establish the conserved person’s residence within the state, but changing the residence requires court approval after a hearing. Placement in a long-term care institution is subject to additional procedural requirements under CGS 45a-656b, including a report to the court, a hearing, and findings that the placement is necessary and that less restrictive alternatives are not available.
Medical decisions. The conservator may consent to medical care, professional treatment, and other services for the conserved person. The conservator must respect any prior health care instructions or health care representative designation made by the conserved person (CGS 45a-656(b)). A conservator cannot override a properly made health care decision by the conserved person’s health care representative, except in limited circumstances (CGS 45a-650(j)).
Care and comfort. The conservator must provide for the conserved person’s care, comfort, and maintenance within available resources.
Personal effects. The conservator must take reasonable care of the conserved person’s personal effects.
Disposition of remains. The conservator may execute an advance document directing the disposition of the conserved person’s body upon death (CGS 45a-656(a)(5)).
Least restrictive approach. In all actions, the conservator of the person must use the least restrictive means of intervention, assist the conserved person in achieving self-reliance, ascertain the conserved person’s views, and make decisions in conformance with the conserved person’s reasonable expressed preferences (CGS 45a-656(b)).
Annual reporting. The conservator of the person must report at least annually to the Probate Court on the conserved person’s condition, efforts made to encourage independence, and whether the conservatorship remains the least restrictive means of meeting the conserved person’s needs (CGS 45a-656(c)).
Seeking Court Approval for Major Decisions
Certain decisions require advance court approval, regardless of whether the conservator holds authority over the person, the estate, or both:
- Sale of real property. The conservator must petition the court and obtain approval before selling any real property of the conserved person (CGS 45a-656b(a)(2), 45a-662).
- Change of residence. Moving the conserved person to a new residence requires a court hearing (CGS 45a-656b).
- Long-term care placement. Placing the conserved person in a nursing home, skilled nursing facility, or similar institution requires filing a report with the court, a hearing, and findings regarding the necessity of placement and the unavailability of less restrictive alternatives (CGS 45a-656b(b), (c)).
- Termination of tenancy or lease. The conservator cannot terminate the conserved person’s tenancy or lease, or sell or dispose of household furnishings, without court approval (CGS 45a-656b(a)(2)).
- Gifts from the estate. As noted above, any gifts require a specific court order (CGS 45a-655(e)).
Compensation
Conservators are entitled to reasonable compensation for their services. How compensation works depends on the conserved person’s financial circumstances:
When the conserved person can pay. Compensation is based on services rendered and is subject to court approval. For conserved persons who receive public assistance or are supported by the state, compensation cannot exceed 5% of gross income to the estate during the accounting period, with a minimum of $50 per year (CGS 45a-594(a)).
When the conserved person cannot pay. Probate Court Regulation 16 governs compensation when the conserved person is unable to pay. The hourly rate is $52 for the conservator and $26 for an employee of the conservator. Maximum compensation varies:
- Not residing in a nursing home: $1,200 for the first six months, $600 per year thereafter
- Residing in a nursing home: $600 for the first six months, $300 per year thereafter
- Psychiatric disability: $1,200 for the first six months, $1,200 per year thereafter
The court may authorize amounts above these limits if the conservator used the most efficient methods available. Conservators who are related by blood or marriage to the conserved person, or who are domestic partners, are not eligible for compensation under Regulation 16.
Compensation is a frequent source of disputes. Conservators should maintain detailed time records and be prepared to justify their fees at each accounting.
Liability for Breach of Duty
A conservator who fails to carry out assigned duties, mismanages assets, or exceeds the scope of authority faces serious consequences:
Removal. The court may remove a conservator for failure to account, breach of fiduciary duty, or conflict of interest under CGS 45a-242.
Surcharge. The court can order a conservator to reimburse the estate for any losses caused by breach of duty.
Personal liability. A conservator who wastes, misappropriates, or mismanages estate assets may be held personally liable for the loss.
When evaluating whether a breach occurred, the Probate Court may consider whether the conservator failed to follow the standards of practice adopted under CGS 45a-77(h). However, failure to follow the standards does not automatically constitute a breach (CGS 45a-655(f), 45a-656(e)).
Court Oversight and Review
The Probate Court maintains ongoing oversight of every conservatorship:
- One-year review. The court reviews each conservatorship no later than one year after the order (CGS 45a-660(c)).
- Three-year reviews. After the initial one-year review, the court reviews at least every three years.
- Written reports. At each review, the conservator and a licensed physician (or psychologist, for persons with intellectual disability) submit written reports. The court provides copies to the conserved person and the conserved person’s attorney.
- Attorney for conserved person. If the conserved person cannot obtain an attorney, the court appoints one for the review. If the conserved person is indigent, the attorney is paid from the Judicial Department or the Probate Court Administration Fund (CGS 45a-660(c)).
- Continuation, modification, or termination. After each review, the court continues, modifies, or terminates the conservatorship based on whether the conserved person continues to meet the standard for incapacity by clear and convincing evidence.
The conserved person also has the right to petition for termination of the conservatorship at any time (CGS 45a-660(a)). The court must send written notice annually to the conserved person and the conserved person’s attorney reminding them of this right (CGS 45a-660(b)(2)).
For how conservatorships are established, see conservatorship overview. For how conservatorships end, see termination of conservatorship. For the initial filing process, see filing a conservatorship petition.
The conservator’s investment and accounting obligations parallel those of an executor or administrator in estate administration, though the ongoing nature of a conservatorship makes the duties more sustained.