The appointment of a Conservator in Connecticut must follow a detailed procedure. A recent case decided by the Connecticut Appellate Court clarifies the appointment and selection process of a third party (non-family member) Conservator by a Connecticut Probate Court.
In Falvey v. Zurolo, a daughter applied to the Probate Court to be her mother’s Conservator. The Court agreed that the mother was in need of a Conservator. However, because of a conflict of interest, the Court found that the daughter’s appointment as a Conservator was inappropriate. Therefore, the probate judge appointed a local attorney to serve as Conservator instead of the daughter.
The daughter appealed. In her appeal, the daughter argued that if she was not going to be appointed then she should have been provided an opportunity to interview the proposed Conservator, to object to the proposed Conservator’s appointment and to nominate other possible Conservators.
The Connecticut Appellate Court agreed.
It appears that Probate Courts must now allow family members to participate in the selection process of a third party Conservator. Which family members will give input and to what degree they will participate is unclear. Notwithstanding the input of family, the probate judge still ultimately makes the decision on who should serve as Conservator.
This decision is in keeping with the trend that Probate Courts should be more open and provide greater due process; especially in the cases of Conservatorships.
Stamford and Fairfield Probate Attorney
I represent clients in Connecticut Family Court proceedings though out Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 for a consultation concerning Probate Court issues in Connecticut.