Sec. 45a-660. (Formerly Sec. 45-77). Termination of conservatorship. Review of conservatorship by court.
Sec. 45a-660. (Formerly Sec. 45-77). Termination of conservatorship. Review
of conservatorship by court. (a)(1) A conserved person may, at any time, petition the
court of probate 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 Court of Probate, 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 court of probate 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. (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 within forty-five
days of the court's request for such report. On receipt of a written report from the conservator or a physician, 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 shall examine the conserved person within the
forty-five-day period preceding the date of submission of the physician's report. Any
physician'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 required pursuant
to this subsection, except that the court shall issue an order for the disclosure of medical
information to the conserved person's attorney. Not later than thirty days after receipt
of the conservator's report and the physician's report, 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 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.
(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.)
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.
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. Cited. 209 C. 260.
Cited. 2 CA 251.