Probate Code
Each state’s laws enumerate certain duties and limitations for guardians and conservators. These laws tend to be lengthy and detailed. For a comprehensive understanding of them, including relevant exceptions and requirements, the statutes themselves should be reviewed. Additionally, state laws must be read in conjunction with the order of appointment of a guardian or conservator by the judge which may further limit the guardian’s powers and responsibilities.
A conservator of the estate’s duties include the following:
- A conservator of the estate shall, within two months after the date of the conservator’s appointment, make and file in the Probate Court, an inventory, under penalty of false statement, of the estate of the conserved person, with the properties thereof appraised or caused to be appraised, by such conservator, at fair market value as of the date of the conservator’s appointment
- The conservator shall manage all the estate and apply so much of the net income thereof, and, if necessary, any part of the principal of the property, which is required to support the conserved person and those members of the conserved person’s family whom the conserved person has the legal duty to support and to pay the conserved person’s debts, and may sue for and collect all debts due the conserved person.
- The conservator, in the exercise of his or her duties and authority, shall be guided by the standards of practice adopted under subsection (h) of section 45a-77 and shall use the least restrictive means of intervention.
A conservator of the person’s duties and responsibilities include:
- The duties and authority expressly assigned by the court which may include: (1) The duty and responsibility for the general custody of the conserved person; (2) the authority to establish the conserved person’s residence within the state, subject to the provisions of section 45a-656b; (3) the authority to give consent for the conserved person’s medical or other professional care, counsel, treatment or service; (4) the duty to provide for the care, comfort and maintenance of the conserved person; (5) the authority to execute a written document in advance of the conserved person’s death, directing the disposition of the conserved person’s body upon the death of such person or designating an individual to have custody and control of the disposition of such person’s body upon the death of such person; and (6) the duty to take reasonable care of the conserved person’s personal effects.
- The conservator shall (1) assist the conserved person in removing obstacles to independence, (2) assist the conserved person in achieving self-reliance, (3) ascertain the conserved person’s views, (4) make decisions in conformance with the conserved person’s reasonable and informed expressed preferences, (5) make all reasonable efforts to ascertain the health care instructions and other wishes of the conserved person, and (6) make decisions in conformance with (A) the conserved person’s expressed health care preferences, including health care instructions and other wishes, if any, or validly executed health care instructions, or (B) a health care decision of a health care representative.
- The conservator shall afford the conserved person the opportunity to participate meaningfully in decision-making in accordance with the conserved person’s abilities and shall delegate to the conserved person reasonable responsibility for decisions affecting such conserved person’s well-being.
- The conservator shall report at least annually to the Probate Court that appointed the conservator regarding the condition of the conserved person, the efforts made to encourage the independence of the conserved person and the conservator’s statement on whether the appointment of the conservator is the least restrictive means of intervention for managing the conserved person’s needs.
- The duties, responsibilities and authority assigned shall be carried out within the resources available to the conserved person, either through the conserved person’s own estate or through private or public assistance.
- The conservator of the person shall not have the power or authority to cause the respondent to be committed to any institution for the treatment of the mentally ill unless exceptions apply.