If you have questions about divorce, legal separation, alimony pendente lite, or alimony in Connecticut, please feel free to call the experienced divorce attorneys at Maya Murphy, P.C. in Westport today at 203-221-3100 or email Joseph C. Maya, Esq. at JMaya@Mayalaw.com.

The Connecticut Court of Appeals affirmed an involuntary conservator to file a dissolution action on behalf of the conserved, because a conservator has the legal authority and responsibility to protect the conserved person and his estate.

The parties were married on October 5, 1963. In 2009, the defendant husband began to suffer from senile dementia. The defendant’s children brought a proceeding before probate for the involuntary representation of the defendant. Each daughter daughters were appointed conservator of the estate and person, respectively. On February 26, 2009, the plaintiff wife initiated suit against the defendant, and alleged that irreconcilable difference have occurred which caused the marriage to break down. The plaintiff sought, among alimony and equitable division of property, a transfer of the defendant’s interest in real estate. In response, the conservators filed a cross claim for dissolution. The plaintiff moved to dismiss, arguing that the daughters, as involuntary conservators, could not bring a divorce matter on behalf of their father.

In reviewing applicable law, the appellate court found no applicable prohibition to the conservators action on behalf of their mother. A conservator is appointed by Probate, a court of limited jurisdiction. However, the Connecticut General Statute for probate, specifically § 45a0650(k) specifically provides that a conserved person may not bring a civil action in his or her own name, but must do so only by a properly appointed representative who will protect the rights of the conserved. As such, the conservators were well within their legal authority to file a cross motion for dissolution on behalf of the conserved person.

For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.

Source: Luster v. Luster, 17 A.3d 1068, (Conn. App. Ct. 2011)