2005 Connecticut Code - Sec. 45a-660. (Formerly Sec. 45-77). Termination of conservatorship. Review by court.

      Sec. 45a-660. (Formerly Sec. 45-77). Termination of conservatorship. Review by court. (a)(1) If the court of probate having jurisdiction finds a ward 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 ward 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 his or her property be restored to the ward. (2) If the court finds upon hearing and after notice which the court prescribes, that a ward 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 ward, upon such conservator or person giving such probate bond, if any, as the court orders. (3) If any ward having a conservator dies, his or her property other than property which has accrued from the sale of his or her real property shall be delivered to his or her executor or administrator. The unexpended proceeds of his or her 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 his or her final account, and the court shall audit the account and allow the account if it is found to be correct. If the ward is living, the ward and his or her attorney, if any, shall be entitled to notice by regular mail of any hearing held on the final account. (2) The court of probate having jurisdiction shall send written notice annually to the ward and his or her attorney that the ward 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 application unless continued for cause shown.

      (c) The court shall review each conservatorship at least every three years and shall either continue, modify or terminate the order for conservatorship. The court shall receive and review written evidence as to the condition of the ward. The conservator, the attorney for the ward 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. If the ward is unable to request or obtain an attorney, the court shall appoint an attorney. If the ward is unable to pay for the services of the attorney, the reasonable compensation of such attorney shall be established by, and 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 compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund. The physician shall examine the ward 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.

      (d) If the court determines, after receipt of the reports from the attorney for the ward, the physician and the conservator, that there has been no change in the condition of the ward since the last preceding review by the court, a hearing on the condition of the ward shall not be required, but the court, in its discretion, may hold such hearing. If the attorney for the ward, the physician or conservator requests a hearing, 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.)

      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.

      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, 483. Cited. 209 C. 260, 266.

      Cited. 2 CA 251, 253.