Conn. Prob. Ct. R. P. 33

As amended through July 1, 2024

Rule 33 - Conservators

Section 33.1When streamline notice procedure may be used in conservatorship proceeding

See rule 8.6.

Section 33.2 Petition for voluntary representation to be heard before petition for involuntary conservatorship

(a) A respondent in an involuntary conservatorship proceeding may file a petition for voluntary representation under C.G.S. section 45a-646 at any time before the court decides the involuntary conservatorship petition.

(b) The court shall hear and decide a petition for voluntary representation made under subsection (a) before acting on a petition for involuntary conservatorship. The court may conduct the hearing on the petition for voluntary representation at the same time as a hearing on an involuntary conservatorship petition without giving notice of another hearing if:

(1) the respondent is present; and

(2) each party entitled to notice under C.G.S. section 45a-646 is present or has filed a written waiver of notice of the hearing on voluntary representation.

Section 33.3Appointment of temporary conservator without notice and hearing

(a) The court may act on a petition to appoint a temporary conservator under C.G.S. section 45a-654(d) without notice and hearing.

(b) If the court determines that it is necessary to meet with the petitioner before deciding a petition to appoint a temporary conservator on an ex parte basis, the court shall make an audio recording of the meeting. The recording shall be available to the parties. If the court appoints a temporary conservator and the temporary conservatorship hearing required by C.G.S. section 45a-654(d)(1) is contested, the judge who met with the petitioner shall be disqualified from conducting the temporary conservatorship hearing.

(C.G.S. section 45a-645a; Probate Court Rules, section 15.2 and rules 65 and 69.)

Section 33.4Extension of temporary conservatorship pending decision on conservatorship petition

On written request of a party, the court may extend the appointment of a temporary conservator until disposition of a pending involuntary conservatorship petition, provided that the extension may not exceed 30 days. The court may act on the request without notice and hearing.

(C.G.S. section 45a-654(a); Probate Court Rules, rule 69.)

Section 33.5Motion to close conservatorship hearing to public during presentation of medical evidence

See rule 16.

Section 33.6Criminal background check

At any time during a conservatorship proceeding, the court may obtain a criminal background check of:

(1) the conservator or proposed conservator;

(2) an individual providing care to the person under conservatorship;

(3) an individual living in the household of the person under conservatorship; or

(4) any other person if necessary to protect the interests of the person under conservatorship.

(C.G.S. section 45a-650(h).)

Section 33.7Court to review qualifications of proposed conservator

If a person under conservatorship has not designated or nominated a conservator, the court shall, before making an appointment, give the parties an opportunity to present evidence and argument regarding the qualifications of a proposed conservator or successor conservator. When deciding whether to appoint the proposed conservator or successor conservator, the court shall consider the factors set forth in C.G.S. section 45a-650(h) based on evidence in the record of the proceeding.

(Falvey v. Zurolo, 130 Conn. App. 243, 22 A.3d 683 (2011); DeNunzio v. DeNunzio, 320 Conn. 178, 128 A.3d 901 (2016).)

Section 33.7a Hearing to review duties of conservator

Before appointing a conservator, the court shall require the conservator to attend a hearing to review the duties of the conservator, provided that the court may excuse attendance for a conservator with prior experience. The conservator shall execute a form published by the probate court administrator to acknowledge and agree to perform the duties.

(C.G.S. sections 45a-655 and 45a-656; Connecticut Standards of Practice for Conservators; Training for Professional Conservators.)

Section 33.8Conservator of estate to send copy of inventory, financial report or account and affidavit of closing to each party and attorney

A conservator of the estate shall send a copy of the inventory and each supplemental or substitute inventory and each financial report or account and the affidavit of closing, at the time of filing, to each party and attorney of record and shall certify to the court that the copy has been sent.

(C.G.S. sections 45a-175, 45a-655(a) and 45a-659(c).)

Section 33.9Joint assets and liabilities and non-probate assets

(a) If a person under conservatorship holds an asset jointly with another person or is jointly liable with another person on a debt, or if the person under conservatorship has a present interest in an asset that would, on his or her death, pass outside his or her probate estate, the conservator of the estate may petition for instructions concerning administration of the asset or liability.

(b) The court shall give notice of the hearing on a petition under subsection (a) to each party and attorney of record and to each person having an interest in an asset or liability described in subsection (a). When deciding how the conservator should administer the asset or liability, the court shall consider the following factors:

(1) the provisions of any will, trust instrument or other estate planning document executed by the person under conservatorship;

(2) the original source of the asset or liability;

(3) the current and anticipated needs of the person under conservatorship and any individual whom the person is obligated to support;

(4) the availability of other assets to meet the needs of the person under conservatorship and any individual whom the person is obligated to support;

(5) the impact of the manner of administration of the joint asset or liability on the eligibility of the person under conservatorship for public assistance; and

(6) other relevant factors.

(C.G.S. sections 45a-98(a)(3) and 45a-655(a).)

Section 33.10 Establishment and funding of trust with conservatorship assets

(a) A conservator of the estate may file a petition seeking authority to establish and fund a trust under C.G.S. section 45a-655(e). Before filing the petition, the conservator shall make a diligent effort to obtain a copy of each will, trust instrument or other estate planning document executed by the person under conservatorship that may be affected by the establishment and funding of the trust.

(b) The conservator shall accompany the petition with:

(1) the proposed trust instrument;

(2) a written explanation of the benefits of the proposed trust for the person under conservatorship;

(3) a statement indicating whether the conservator has any beneficial interest in the proposed trust;

(4) the name and current address of each heir of the person under conservatorship;

(5) a copy of each will, trust instrument or other estate planning document obtained under subsection (a) together with a statement regarding the location of the original document;

(6) the name and current address of each beneficiary under any will;

(7) the name and current address of each current and presumptive remainder beneficiary of a trust that is required to be disclosed under subsection (b)(5); and

(8) the name and current address of each beneficiary under any other estate planning document that is required to be disclosed under subsection (b)(5).

(c) The court shall give notice of the hearing on the petition to:

(1) each party and attorney of record;

(2) the heirs of the person under conservatorship;

(3) each beneficiary under any will;

(4) each current and presumptive remainder beneficiary under any trust identified under subsection (b)(7);

(5) each beneficiary under any other estate planning document identified under subsection (b)(8);

(6) the commissioner of administrative services;

(7) the commissioner of social services;

(8) the Attorney General; and

(9) other persons as the court determines.

(d) The conservator shall have the burden of proving the findings required under C.G.S. section 45a-655(e).

(e) If the court approves the establishment and funding of a trust, the conservator shall have a continuing duty to report the discovery of any will, trust instrument or other estate planning document of the person under conservatorship that was not previously submitted to the court.

(Probate Court Rules, section 7.2 and rules 8 and 16.)

Section 33.11 Settlement of claims in favor of conservatorship estate

(a) A conservator of the estate may file a petition seeking authority to settle a claim in favor of the estate. The conservator shall accompany the petition with a settlement statement that includes:

(1) the gross amount of the proposed settlement;

(2) an itemized list of the expenses associated with the settlement, including any proposed attorney's fee;

(3) the total amount of liens for medical expenses;

(4) the total amount of liens for public assistance;

(5) the anticipated net proceeds that the estate will receive; and

(6) the terms of a proposed structured settlement, if any.

(b) The conservator shall present evidence that the proposed settlement is in the best interests of the person under conservatorship. The court may require the conservator to submit additional information, including, but not limited to:

(1) police reports;

(2) medical reports;

(3) medical expenses; and

(4) health, liability and uninsured motorist insurance coverage.

(c) The court may approve the proposed settlement if the court determines that the settlement is in the best interests of the person under conservatorship.

(d) The conservator shall file an inventory or supplemental or substitute inventory showing the proceeds of the settlement not later than 30 days after receipt.

(C.G.S. section 45a-151.)

Section 33.11aPetitions to compromise multiple claims associated with same injury

(a) If a conservator of the estate simultaneously files petitions to compromise more than one claim associated with the same injury, the court may treat the petitions as a single petition subject to one filing fee.

(b) The court may charge a separate filing fee for a petition under subsection (a) if the court determines that it is necessary to hear the petitions separately.

Section 33.12 Sale of real property from conservatorship estate

(a) A conservator of the estate may file a petition seeking authority to sell real property by private sale. The conservator shall accompany the petition with a copy of the contract of sale and, if not previously filed, an inventory or supplemental or substitute inventory that lists the property and includes a copy of the deed.

(b) The conservator shall present evidence regarding the fair market value of the property. The court may require the conservator to submit a comparative market analysis, appraisal, municipal assessment or other information about the value of the property.

(c) Notice of hearing on the petition shall not be required to be made by publication unless the court determines that notification of the public is necessary to protect the interests of the estate.

(d) The court may approve the sale of the property if the court determines that the sale is in the best interests of the person under conservatorship, as required by C.G.S. section 45a-164 and, if the conservator was appointed in an involuntary proceeding, that the sale is necessary or the conserved person consents to the sale, as required by C.G.S. section 45a-656b(a).

(e) If a prospective purchaser other than the buyer identified in the petition indicates a willingness to pay a price that is higher than the amount specified in the contract of sale, the court may deny the petition and order a public sale or take other action as the court determines to be in the best interests of the person under conservatorship.

(f) If the property is specifically devised under the will of the person under conservatorship, the conservator shall segregate the sale proceeds from other estate assets.

(C.G.S. sections 45a-164 through 45a-168, 45a-655(a), 45a-660(a) and 45a-667p(d)(4).)

Section 33.12aPetitions to sell multiple parcels of real property

(a) If a conservator of the estate simultaneously files petitions to sell multiple parcels of real property, the court may treat the petitions as a single petition subject to one filing fee.

(b) The court may charge a separate filing fee for a petition under subsection (a) if the court determines that it is necessary to hear the petitions separately.

Section 33.13 Release of funds from restricted account in conservatorship estate

See section 35.7(f).

Section 33.14 When conservator to submit financial report or account

(a) A conservator of the estate shall submit an annual financial report or account for the first year following the conservator's appointment or, with prior court approval, for the first year following the conservator's first receipt of funds on behalf of the estate.

(b) After submitting the first annual financial report or account under subsection (a), the conservator shall thereafter submit a periodic financial report or account at least once during each three-year period, unless the court directs more frequent accounts.

(c) Except as provided in section 33.17, a conservator shall submit a final financial report or account when the conservatorship is terminated, the person under conservatorship dies or the conservator seeks to resign or is removed by the court.

(d) If a conservator dies while administering an estate, the executor or administrator of the estate of the deceased conservator shall file, on behalf of the deceased conservator, a final financial report or account for the conservatorship estate. If an executor or administrator has not been appointed for the estate of the deceased conservator, a successor conservator may file, on behalf of the deceased conservator, a final financial report or account for the conservatorship estate.

(C.G.S. sections 45a-175, 45a-177, 45a-180, 45a-597, 45a-654(f), 45a-655(c), 45a-660(b) and 45a-667p(f).)

Section 33.15 Required contents of financial report or account of conservator of estate

See rules 36 through 38.

Section 33.16 When conservator of estate to verify restricted account in force

See section 35.7(e).

Section 33.17 Periodic or final financial report or account excused when person under conservatorship is Title 19 recipient

(a) A conservator of the estate may petition the court to terminate the conservatorship of the estate and waive the requirement of a final financial report or account if the Department of Social Services has determined that the person under conservatorship is eligible for Medicaid under Title 19 of the Social Security Act. The conservator's petition shall include:

(1) a copy of the determination letter from the Department of Social Services and approved spend-down plan, if any;

(2) the manner in which the conservator satisfied the obligation to pay conservator fees, attorney's fees and probate fees when executing the spend-down plan;

(3) the name of the funeral home at which a prepaid funeral has been arranged; and

(4) the amount of funds transferred to the person under conservatorship or the person's patient account.

(b) The court may excuse the requirement that the conservator submit a final financial report or account if the court determines that:

(1) no assets remain in the estate other than the amount permitted to be retained by a Title 19 recipient;

(2) the conservatorship of the estate should be terminated; and

(3) submission of a final financial report or account would serve no useful purpose.

(c) If the court determines that the conservatorship of the estate should continue after the person under conservatorship becomes eligible for Title 19, the court may permit the conservator to file, in lieu of a periodic financial report or account, a copy of the documentation required by the Department of Social Services to verify the person's continued eligibility for Title 19 and the letter from the department confirming that the person under conservatorship continues to be eligible.

(C.G.S. section 45a-660; Probate Court Regulations, sections 16.3(d) and 16.6.)

Section 33.18 Sterilization

If a conservator of the person petitions for approval of a sterilization procedure under C.G.S. section 45a-698, each member of the interdisciplinary team appointed under C.G.S. section 45a-695 shall file a report indicating whether the person under conservatorship is able to give informed consent and whether sterilization is in the best interests of the person.

(C.G.S. sections 45a-690 through 45a-700.)

Section 33.19 Reimbursement of probate fees to petitioner in conservatorship of estate proceeding

On motion of a party or on the court's own motion, the court may order a conservator of the estate to reimburse a party for any probate fees incurred in making a petition to the court concerning the conservatorship if the court determines that reimbursement of the fees is equitable. The court may act without notice and hearing. If the court determines that reimbursement of the fees is equitable, but the court previously waived the petitioning party's fees under C.G.S. section 45a-111(c), the conservator shall remit payment to the probate court administration fund. The reimbursed fees shall be paid from the estate as an administration expense.

(C.G.S. sections 45a-105 through 45a-112.)

Section 33.20 Petition to determine title relating to conservatorship

If the court declines jurisdiction to hear a petition concerning title to property relating to a conservatorship of the estate under C.G.S. section 45a-98a(a), the court shall send written notice of the declination to each party and attorney of record.

(Probate Court Rules, section 8.10.)

Section 33.21 Notice of termination of voluntary conservatorship

On receipt of a notice to terminate a voluntary conservatorship under C.G.S. section 45a-647, the court shall notify each party and attorney of record that the notice has been received and the date on which the conservatorship will terminate.

Section 33.22 Petitions to change residence, sell real property or household contents or terminate tenancy

(a) If a conservator simultaneously files petitions to change the residence of a person under conservatorship, place the person in a facility for long-term care, sell the person's real property or household goods or terminate the person's tenancy, the court may treat the petitions as a single petition subject to one filing fee.

(b) The court may charge a separate filing fee for a petition under subsection (a) if the court determines that it is necessary to hear the petitions separately.

Section 33.23Termination of involuntary conservatorship

(a) An adult who has been found to be incapable and is conserved on an involuntary basis may file a written request with the Probate Court to terminate the involuntary conservatorship.

(b) The court shall conduct the hearing on the request to terminate the involuntary conservatorship not later than 30 days after the date the request was filed with the court, unless the hearing is continued for good cause. If the hearing is not held within the 30-day or continuance period, the involuntary conservatorship shall terminate. The person under involuntary conservatorship is not required to present medical evidence.

(c) If the court finds by a preponderance of the evidence that the person under conservatorship is capable of caring for himself or herself, the court shall terminate the conservatorship of the person.

(d) If the court finds by a preponderance of the evidence that the person under conservatorship is capable of managing his or her own financial affairs, the court shall terminate the conservatorship of the estate and the court shall order the conservator of the estate to restore any remaining assets to the conserved person. If the conservatorship of the estate is terminated, the conservator of the estate shall file a final financial report or account with the court not later than 60 days after the court's decree terminating the conservatorship.

Conn. Prob. Ct. R. P. 33

Rule 33 adopted effective 7/1/2013. Sections 33.9, 33.14, 33.17 and 33.19 amended and section 33.21 adopted effective 7/1/2015. Sections 33.11, 33.12 and 33.17 amended and sections 33.11 a, 33.12a and 33.22 adopted effective 7/1/2017. Sections 33.8 and 33.22 amended and section 33.7 a adopted effective 1/1/2020; Sections 33.23 adopted effective 7/1/2024.