CT Supreme Court Determines Extent of Immunity for Conservators

To speak with an experienced probate law attorney, please contact the experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or at JMaya@Mayalaw.com.

In the case of Gross v. Rell, a conservatee brought action against a conservator and nursing concerning whether absolute quasi-judicial immunity extended to conservators appointed by the probate court and to attorneys appointed to represent conservatees pursuant to Connecticut probate law and policy. By law, conservators are acting as the agents of the probate court when their acts are authorized or approved. Therefore, their function is not merely comparable to those of officials who have traditionally been afforded absolute immunity at common law. Rather, they function as the probate court. Accordingly, conservators are entitled to quasi-judicial immunity from liability for acts that are authorized or approved by the probate court. When the conservator's acts are not authorized or approved by the probate court, however, there is no reason to depart from the common-law rule that the conservator of the estate is not acting as the agent of that court, but as the fiduciary of the conservatee, and, as such, may be held personally liable.

While visiting his daughter in Connecticut, the conservatee, a New York resident, was admitted to a hospital for medical treatment. Thereafter, a hospital employee filed an application for appointment of a conservator, which was granted. The attorney appointed for the conservatee did not object to the conservatorship or inform the probate court that it lacked jurisdiction over the application under Connecticut law. The conservatee alleged that he was placed in a locked ward for no reason and that he was threatened and assaulted by his roommate. Following the conservatee's death, his executrix was substituted as plaintiff. Absolute quasi-judicial immunity extended to the conservator only when the conservator was executing an order of the probate court. When the conservator acted as a fiduciary of the conservatee, the conservator was subject to personal liability. Furthermore, absolute quasi-judicial immunity did not extend to an attorney. Finally, absolute quasi-judicial immunity did not extend under any circumstances to a nursing home with respect to its care for a conservatee.

If you have any questions or would like to speak to a probate law attorney about a will, trust, or estate matter, please contact the experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or at JMaya@Mayalaw.com.

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Source: Gross v. Rell, 304 Conn. 234, 40 A.3d 240, 2012 Conn. LEXIS 119, 2012 WL 987398 (Conn. 2012)