Ending a Conservatorship in Connecticut

A conservatorship in Connecticut is not permanent by design. The law provides multiple paths to ending one: the conserved person can petition to restore capacity, the conservator can resign, the court can remove a conservator for cause, or the conservatorship terminates automatically upon the conserved person’s death. In every case, a final accounting is required.

Restoration of Capacity

The conserved person may petition the Probate Court at any time to terminate the conservatorship (CGS 45a-660(a)). This is the most common path to ending a conservatorship during the conserved person’s lifetime.

The standard for termination is lower than the standard for appointment. The conserved person must prove restoration of capacity by a preponderance of the evidence, not by clear and convincing evidence. Medical evidence is not required at the hearing, though it is often helpful (CGS 45a-660(a)(1)).

The court must hold a hearing within 30 days of receiving the petition, unless continued for good cause. If the court fails to hold the hearing within that period (or within any continuance), the conservatorship terminates automatically (CGS 45a-660(a)(1)).

If the court finds the conserved person capable of caring for himself or herself, it terminates the conservatorship of the person. If the court finds the conserved person capable of managing his or her own affairs, it terminates the conservatorship of the estate and orders the remaining property restored to the conserved person.

When terminating a conservatorship, the court must also consider whether to reinstate any authority of an agent under a power of attorney that was previously limited or suspended because of the conservatorship. Unless reinstatement would not be in the conserved person’s best interests, the court orders reinstatement (CGS 45a-660(a)(1)).

The Probate Court is required to send written notice annually to the conserved person and the conserved person’s attorney informing them of the right to petition for a hearing (CGS 45a-660(b)(2)). This ensures the conserved person is not left unaware of the option to seek termination.

Court Review and Automatic Reassessment

Even without a petition from the conserved person, the court independently reviews each conservatorship. The first review occurs no later than one year after the conservatorship was ordered. Subsequent reviews happen at least every three years (CGS 45a-660(c)).

At each review, the conservator and a licensed physician (or psychologist, for persons with intellectual disability) submit written reports. The court appoints an attorney for the conserved person if one is not already in place. The attorney meets with the conserved person and advises the court whether a hearing is requested.

If the court finds, by clear and convincing evidence, that the conserved person continues to be incapable and that no less restrictive means are available, it continues or modifies the conservatorship. If the court cannot make that finding, it terminates the conservatorship (CGS 45a-660(d)).

Death of the Conserved Person

When a conserved person dies, the conservatorship ends. The conserved person’s property (other than proceeds from the sale of real property) is delivered to the executor or administrator of the estate. Unexpended proceeds from real property sales go to the executor or administrator and are distributed as the real property would have been (CGS 45a-660(a)(3)).

Death does not relieve the conservator of the obligation to file a final accounting. The conservator must account for all assets, income, and disbursements through the date of death.

The conserved person’s estate then goes through the standard probate process. The executor or administrator takes over from the conservator. Any remaining bond is released once the final accounting is approved.

Depletion of Assets

If the conserved person has no remaining assets beyond the amount allowed under Medicaid eligibility rules (CGS 17b-80), the court may terminate the conservatorship of the estate. The court orders distribution of any remaining assets to the conservator of the person or, if there is no conservator of the person (or the conservator declines or is the Commissioner of Social Services), to another suitable person to hold for the conserved person’s benefit (CGS 45a-660(a)(2)).

This situation arises when a conserved person in a nursing home has spent down assets to qualify for Medicaid. The estate conservatorship is no longer needed because there are no meaningful assets to manage.

Resignation of Conservator

A conservator may resign, but not unilaterally. Resignation requires court approval. The conservator petitions the Probate Court, and the court determines whether to accept the resignation and appoint a successor.

The resigning conservator must file a final accounting before being discharged. The court will not release the conservator from the bond until the accounting is approved and any successor conservator is in place.

Removal for Cause

The Probate Court may remove a conservator under CGS 45a-242, which applies broadly to fiduciaries. Grounds for removal include:

• Failure to account. A conservator who does not file required accountings may be removed.
• Breach of fiduciary duty. Mismanagement of assets, self-dealing, commingling of funds, or other violations of the conservator’s obligations.
• Conflict of interest. A conservator whose personal interests conflict with the conserved person’s interests.
• Failure to perform duties. Neglecting the conserved person’s care, failing to report to the court, or failing to follow the care plan.
• Incapacity or unsuitability. If the conservator becomes incapacitated, relocates out of state, or becomes otherwise unsuitable.

Any interested person may petition the court for removal. The conserved person may also petition. The court holds a hearing with notice to the conservator and other interested parties.

If the court removes the conservator, it appoints a successor. The removed conservator must file a final accounting and turn over all assets and records to the successor.

Successor Conservator Appointment

When a conservator resigns, is removed, dies, or becomes incapacitated, the court appoints a successor conservator. If the conserved person previously designated a successor in a written instrument under CGS 45a-645, the court must appoint the designated person unless there is substantial evidence of disqualification.

If there is no prior designation, the court appoints a qualified person using the same criteria applicable to the initial appointment: knowledge of the conserved person’s preferences, ability to carry out duties, cost to the estate, commitment to the conserved person’s welfare, and absence of conflicts of interest (CGS 45a-650(h)).

The successor conservator must be bonded (for estate conservatorships) and must file a new inventory of assets as of the date of the successor’s appointment.

Final Accounting

Regardless of how the conservatorship ends, a final accounting is required (CGS 45a-660(b)(1)). The court audits the account and allows it if found correct. If the conserved person is living, the conserved person and the conserved person’s attorney are entitled to notice of the hearing on the final account.

The final accounting covers the period from the last approved accounting (or from the date of appointment, if no prior accounting was filed) through the date of termination. It must account for all receipts, disbursements, and assets remaining on hand.

Failure to file a final accounting is grounds for the court to take action against the conservator’s bond and may expose the conservator to personal liability.

For a complete overview of how conservatorships are established, see conservatorship in Connecticut. For the filing process, see filing a conservatorship petition.

When a conservatorship ends due to the conserved person’s death, the estate enters the standard probate process. The executor or administrator takes over from the conservator and administers the estate under the probate court’s supervision.