Sec. 45a-656. (Formerly Sec. 45-75a). Duties of conservator of the person.
Sec. 45a-656. (Formerly Sec. 45-75a). Duties of conservator of the person. (a)
The conservator of the person shall have the duties and authority expressly assigned by
the court pursuant to section 45a-650, which duties and authority 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; and (5) the duty to take reasonable care of the conserved person's personal effects.
(b) In carrying out the duties and authority assigned by the court, the conservator of
the person shall exercise such duties and authority in a manner that is the least restrictive
means of intervention and 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, described
in section 19a-580e, or validly executed health care instructions described in section
19a-580g, or (B) a health care decision of a health care representative described in
subsection (b) of section 19a-580e, except under a circumstance set forth in subsection
(b) of section 19a-580e. 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.
(c) 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 pursuant to section 45a-650 or set forth in this section 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.
(d) 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 except
under the provisions of sections 17a-75 to 17a-83, inclusive, 17a-456 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, 17a-615 to 17a-618, inclusive, and 17a-621 to 17a-664, inclusive, and
chapter 359.
(P.A. 77-446, S. 8; P.A. 80-476, S. 132; P.A. 94-27, S. 13, 17; P.A. 05-155, S. 1; P.A. 07-73, S. 2(a); 07-116, S. 20.)
History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-75a transferred to Sec. 45a-656
in 1991; P.A. 94-27 amended Subsec. (b) to delete reference to Secs. 17a-580 to 17a-603, inclusive, effective July 1, 1994;
P.A. 05-155 amended Subsec. (a) to substitute "the ward's" for "his", and added new Subsec. (c) re duties if the conservator
determines it is necessary to place the ward in an institution for long-term care; pursuant to P.A. 07-73 "Department of
Mental Retardation" was changed editorially by the Revisors to "Department of Developmental Services" in Subsec. (c),
effective October 1, 2007; P.A. 07-116 substituted "authority" for "power", substituted "conserved person" for "ward"
and "respondent", amended Subsec. (a) to insert "the duties and authority expressly assigned by the court pursuant to
section 45a-650, which duties and authority may include" and provide that powers are subject to Sec. 45a-656b, inserted
new Subsec. (b) re exercise of duties, designated existing reporting requirements as Subsec. (c) and amended same to
require report to include efforts made to encourage independence and statement on whether appointment of conservator
is least restrictive means of intervention, redesignated existing Subsec. (b) as Subsec. (d), deleted former Subsec. (c) re
placement of ward in institution for long-term care, and made technical changes.
See Sec. 45a-656b re duties of conservator.
Subsec. (a):
Complaint of plaintiff, a state licensed nursing home, stated legally sufficient cause of action under Sec. 45a-144 against
defendant conservator, and plaintiff had right to bring action on probate bond to recover loss it suffered as a result of
defendant's breach of duties under Sec. 45a-655(a) and this subsection, as conservator of estate and of person, to ensure
timely payment for services rendered by plaintiff. Sec. 45a-144(a) provides cause of action for three separate categories
of plaintiff, including any person aggrieved "in his own right" and, accordingly, complaint stated legally sufficient cause
of action. 257 C. 531.
Complaint re timely spend down of assets was insufficient to support cause of action when plaintiff did not allege a
breach of duty under section. 58 CA 1.