What Is a Conservatorship?
Conservatorship in Connecticut means that the Court appoints a person or organization to manage the life of another adult. There are Voluntary and Involuntary conservatorships. We will discuss Voluntary Conservatorships in a subsequent article. This article discusses Involuntary Conservatorship.
In an Involuntary Conservatorship, the adult being conserved has to be deemed incapable of caring for him or herself either financially or personally, or both. This assessment has to be done by a physician or a mental health professional and submitted to the court with the petition for a conservatorship.
There Are Two Basic Types of Conservatorship In Connecticut
One to manage the conserved person’s financial affairs and one to manage their personal affairs. The court may appoint two separate individuals to perform these roles or one person to oversee both.
Conservator of The Estate
The conservator of the estate is appointed specifically to manage the finances of a conserved person that is unable to do so by him or herself. Financial actions include applying for public assistance benefits, as well as managing their assets and income.
Conservator of The Person
The conservator of the person is appointed specifically to maintain the personal needs of the conserved person. Such needs include clothing, food, healthcare, shelter, and safety.
Where To File For a Conservatorship In Connecticut?
In Connecticut, the Probate Court has sole jurisdiction over the appointment of conservators. The petition for conservatorship must be filed with the Probate Court in the district where the respondent (the person that needs to be conserved) is located, currently resides, or where their permanent home is located.
If the respondent moved to Connecticut within the past six months, the conservatorship might have to be filed in the state where the respondent previously resided.
How Much Does It Cost To File For Conservatorship In Connecticut?
The petitioner is responsible for paying the filing fee and fees associated with hearing notices, copies, and recording documents. In Connecticut, the filing fee for a conservatorship is $250. Additionally, the petitioner may want to hire an attorney to assist with the filing of the Petition and the Court will appoint an attorney to represent the respondent.
The Probate Court may delay or waive some fees and expenses if it finds that those fees would cause a delay or hardship on the petitioner’s part. If the petitioner is appointed as the conservator, he or she may be reimbursed for those fees from the conserved person’s assets.
Who Can Be a Conservator?
A conservator may be a single individual, a state or municipal official, a non-profit organization, or a business, with the exception of hospitals or nursing homes. The conservator takes care of the financial and/or personal affairs of a conserved person.
During the conservatorship proceedings, a secondary conservator may also be appointed. If the appointed conservator is unable to perform and resigns, is deemed incapable and is removed as the conservator, or dies, the successor conservator will take his or her place.
How To End a Conservatorship In Connecticut?
There are several possible scenarios that lead to the termination of a conservatorship:
- The conserved person can petition the probate court to terminate the conservatorship at any time. No medical evidence is required to prove that the conserved person is capable of managing his or her own financial and/or personal affairs, although it is helpful. If the court finds that the conserved person is capable, the conservatorship of the estate and/or the conservatorship of the person will be terminated.
- A conservatorship of the ESTATE can be terminated if the conserved person’s assets are below the asset limits allowed for the state supplement program. Currently, the asset limits are $1,600 for an individual and $2,400 for a married couple. In which case the conservator of the estate has to relinquish the remaining assets to the conservator of the person or, if there is none, to another suitable person.
- The Probate Court can choose to terminate a conservatorship during the annual review. Conservatorship reviews are conducted 1 year after the conservator was appointed and every three years thereafter. After each review, the court will choose to either continue, modify or terminate the conservatorship.
Can You Appeal a Conservatorship in Connecticut?
Anyone who has been aggrieved by a probate court’s decision regarding a conservatorship can submit an appeal to the Superior Court. The appeal deadline is either 30 or 45 days after the date on which the court mailed the conservatorship order. The deadline length depends on what type of matter was decided by the Court.
Filing for a conservatorship of another person is a BIG DEAL! and should not be taken lightly. You are essentially holding another person’s life in your hands, whether you are in charge of their finances or personal affairs. As a conservator, you should always have the best interest of the conserved person in mind. Always consult an attorney when making significant decisions for the conserved person.
Need to file for a conservatorship in Connecticut?
Please contact us to schedule a consultation today!
Marketing Director & Probate Paralegal at RWC, LLC, Attorneys & Counselors at Law
Ukraine born and Israel / Miami, FL raised. University of Miami graduate in the Marketing field.
Mom to a girl, boy, and a Siberian Husky. Blogger, health & fitness enthusiast, and lover of balance like any true Libra.