Older Americans Month: Understanding Conservatorships and Elder Law Planning in Connecticut 

Every May, the nation observes Older Americans Month, a time to recognize the contributions of older adults and to reflect on the resources and planning that help them thrive. For families across eastern and central Connecticut, it is also a good moment to ask a question that many put off for too long: if a loved one could no longer make decisions for themselves, would you be prepared? 

At The Prue Law Group, we work with both older adults planning ahead and adult children navigating difficult situations on behalf of aging parents. One topic that comes up frequently, and causes real concern for families, is conservatorship. Here is what Connecticut families need to know. 

What Is a Conservatorship? 

A conservatorship is a legal arrangement in which a court appoints someone to make decisions on behalf of a person who can no longer manage their own affairs. In Connecticut, conservatorships are governed under Connecticut General Statutes (CGS) Sections 45a-644 through 45a-667v and are handled through the Probate Court. 

There are two distinct types: 

Conservatorship of the Person 

This grants the conservator authority over personal decisions, including medical care, living arrangements, and day-to-day needs. It applies when someone can no longer safely make or communicate decisions about their own well-being. 

Conservatorship of the Estate 

This grants the conservator authority over financial matters, including managing assets, paying bills, and handling property. It applies when someone can no longer manage their finances responsibly. 

A court may appoint one person to serve in both roles, or different individuals for each, depending on the circumstances and the needs of the person being protected. 

When Does a Family Need to Go to Probate Court? 

Conservatorship is typically a last resort. Families usually pursue it when: 

• A loved one is experiencing significant cognitive decline, such as dementia or Alzheimer’s disease 
• No valid power of attorney or healthcare directive is already in place 
• Financial abuse or self-neglect has become a concern 
• A medical provider requires legal authority before sharing information or honoring treatment decisions 

The process involves filing a petition with the Connecticut Probate Court, submitting medical evidence of incapacity, attending a court hearing, and meeting ongoing reporting requirements. It can be time-consuming, emotionally difficult, and costly. 

Attorney Patrick Prue spent more than 20 years serving as a Connecticut probate judge, and he has seen firsthand how families with proper planning in place navigate this process far more smoothly than those caught off guard. 

The Better Path: Proactive Elder Law Planning 

The good news is that conservatorship is often avoidable when the right legal documents are in place ahead of time. Connecticut offers several tools that allow individuals to name trusted people to act on their behalf, without court involvement. 

Durable Power of Attorney 

Under CGS Section 1-56r (Connecticut’s Uniform Power of Attorney Act), a durable power of attorney allows you to appoint an agent to manage financial and legal matters if you become incapacitated. Because it is “durable,” it remains valid even after incapacity occurs, unlike a standard power of attorney. 

Advance Directive / Healthcare Directive 

Under CGS Section 19a-575, Connecticut residents can execute an advance directive that includes a living will and the appointment of a healthcare representative. This document guides medical decisions and designates someone to speak on your behalf when you cannot speak for yourself. 

Title XIX / Medicaid Planning 

For families concerned about the cost of long-term care, Title XIX (Medicaid) planning is a critical piece of the elder law picture. Connecticut’s Medicaid program has strict asset limits and look-back rules that can catch families off guard. Early planning with an experienced elder law attorney can help protect what you have worked hard to build, while ensuring access to the care your loved one needs. 

Start the Conversation This Older Americans Month 

Whether you are 60 and thinking about your own future, or 45 and helping aging parents navigate their options, Older Americans Month is a meaningful time to take action. The right documents, put in place now, can spare your family significant stress, expense, and uncertainty later. 

At The Prue Law Group, our team brings deep knowledge of Connecticut’s elder law and probate systems to every client we serve. With Attorney Prue’s unique background as a former probate judge, we understand these processes from the inside out. We serve families and individuals from our offices in Willimantic, Brooklyn, Coventry, and Colchester. Contact us today to schedule a consultation. 

We serve individuals and families from our offices in Willimantic, Brooklyn, Coventry, and Colchester. Contact us today to schedule a consultation.

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Sources: 

• Connecticut General Statutes Sections 45a-644 through 45a-667v: Conservatorships. https://www.cga.ct.gov/current/pub/title_45a.htm 
• Connecticut General Statutes Section 1-56r: Connecticut Uniform Power of Attorney Act. https://www.cga.ct.gov/current/pub/chap_015a.htm 
• Connecticut General Statutes Section 19a-575: Advance Directives. https://www.cga.ct.gov/current/pub/chap_368a.htm 
• Connecticut Probate Court. https://www.ctprobate.gov/ 
• U.S. Administration for Community Living, Older Americans Month. https://acl.gov/oam 
• Connecticut Department of Social Services, Title XIX Medicaid. https://www.ct.gov/dss/cwp/view.asp?a=2353&q=305172 

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The Prue Law Group has served eastern and central Connecticut since 1980, providing comprehensive business law, estate planning, probate, and elder law services. Our team’s deep local knowledge and specialized expertise help business owners protect what matters most. AI may have been used for the initial research and drafting of the article. This content is intended for general informational purposes only and should not be construed as legal advice. For guidance on your specific situation, please contact our office for a consultation.