Bill Text: CT SB00450 | 2014 | General Assembly | Introduced

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Bill Title: An Act Permitting Religious Nursing Home Facilities To Be Conservators.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2014-03-13 - Public Hearing 03/17 [SB00450 Detail]

Download: Connecticut-2014-SB00450-Introduced.html

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General Assembly		Raised Bill No. 450
February Session, 2014		LCO No. 2490
		*02490_______GAE*
Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
Introduced by:
(GAE)

AN ACT PERMITTING RELIGIOUS NURSING HOME FACILITIES TO BE CONSERVATORS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 45a-644 of the 2014 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

For the purposes of sections 45a-644 to 45a-663, inclusive, the following terms shall have the following meanings:

[(a)] (1) "Conservator of the estate" means a person, a municipal or state official, or a private profit or nonprofit corporation except (A) a hospital, (B) a nursing home facility, as defined in section 19a-521, other than a religious nursing home facility, or (C) a residential care home, as defined in section 19a-521, appointed by the Court of Probate under the provisions of sections 45a-644 to 45a-663, inclusive, to supervise the financial affairs of a person found to be incapable of managing his or her own affairs or of a person who voluntarily asks the Court of Probate for the appointment of a conservator of the estate, and includes a temporary conservator of the estate appointed under the provisions of section 45a-654.

[(b)] (2) "Conservator of the person" means a person, a municipal or state official, or a private profit or nonprofit corporation, except (A) a hospital or (B) a nursing home facility, as defined in section 19a-521, other than a religious nursing home facility, appointed by the Court of Probate under the provisions of sections 45a-644 to 45a-663, inclusive, to supervise the personal affairs of a person found to be incapable of caring for himself or herself or of a person who voluntarily asks the Court of Probate for the appointment of a conservator of the person, and includes a temporary conservator of the person appointed under the provisions of section 45a-654.

[(c)] (3) "Incapable of caring for one's self" or "incapable of caring for himself or herself" means that a person has a mental, emotional or physical condition that results in such person being unable to receive and evaluate information or make or communicate decisions to such an extent that the person is unable, even with appropriate assistance, to meet essential requirements for personal needs.

[(d)] (4) "Incapable of managing his or her affairs" means that a person has a mental, emotional or physical condition that results in such person being unable to receive and evaluate information or make or communicate decisions to such an extent that the person is unable, even with appropriate assistance, to perform the functions inherent in managing his or her affairs, and the person has property that will be wasted or dissipated unless adequate property management is provided, or that funds are needed for the support, care or welfare of the person or those entitled to be supported by the person and that the person is unable to take the necessary steps to obtain or provide funds needed for the support, care or welfare of the person or those entitled to be supported by the person.

[(e)] (5) "Involuntary representation" means the appointment of a conservator of the person or a conservator of the estate, or both, after a finding by the Court of Probate that the respondent is incapable of managing his or her affairs or incapable of caring for himself or herself.

[(f)] (6) "Respondent" means an adult person for whom an application for involuntary representation has been filed or an adult person who has requested voluntary representation.

[(g)] (7) "Voluntary representation" means the appointment of a conservator of the person or a conservator of the estate, or both, upon request of the respondent, without a finding that the respondent is incapable of managing his or her affairs or incapable of caring for himself or herself.

[(h)] (8) "Conserved person" means a person for whom involuntary representation is granted under sections 45a-644 to 45a-663, inclusive.

[(i)] (9) "Personal needs" means the needs of a person including, but not limited to, the need for food, clothing, shelter, health care and safety.

[(j)] (10) "Property management" means actions to (1) obtain, administer, manage, protect and dispose of real and personal property, intangible property, business property, benefits and income, and (2) deal with financial affairs.

[(k)] (11) "Least restrictive means of intervention" means intervention for a conserved person that is sufficient to provide, within the resources available to the conserved person either from the conserved person's own estate or from private or public assistance, for a conserved person's personal needs or property management while affording the conserved person the greatest amount of independence and self-determination.

(12) "Religious nursing home facility" means a nursing home facility that is operated exclusively by and for a religious order that is committed to the care and well-being of its members for the duration of their lives and whose members are bound to such order by the profession of permanent vows.

Sec. 2. Subsection (h) of section 45a-650 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(h) The respondent or conserved person may appoint, designate or nominate a conservator pursuant to section 19a-580e, 19a-580g or 45a-645, or may, orally or in writing, nominate a conservator who shall be appointed unless the court finds that the appointee, designee or nominee is unwilling or unable to serve or there is substantial evidence to disqualify such person. If there is no such appointment, designation or nomination or if the court does not appoint the person appointed, designated or nominated by the respondent or conserved person, the court may appoint any qualified person, authorized public official or corporation in accordance with [subsections (a) and (b)] subdivisions (1) and (2) of section 45a-644, as amended by this act. In considering whom to appoint as conservator, the court shall consider (1) the extent to which a proposed conservator has knowledge of the respondent's or conserved person's preferences regarding the care of his or her person or the management of his or her affairs, (2) the ability of the proposed conservator to carry out the duties, responsibilities and powers of a conservator, (3) the cost of the proposed conservatorship to the estate of the respondent or conserved person, (4) the proposed conservator's commitment to promoting the respondent's or conserved person's welfare and independence, and (5) any existing or potential conflicts of interest of the proposed conservator.

Sec. 3. Section 45a-652 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

In the case of any application for the appointment of a conservator of the estate, as said terms are defined in section 45a-644, as amended by this act, and, in the case of any application for involuntary representation, as defined in [subsection (d)] subdivision (4) of section 45a-644, as amended by this act, the application shall state that the respondent, as defined in [subsection (e)] subdivision (5) of section 45a-644, as amended by this act, either is or is not, receiving such aid or care from the state, whichever is true, and a copy of each application which states the respondent is receiving such aid or care shall be sent by the court to the Commissioner of Administrative Services, in accordance with the provisions of subsection (a) of section 45a-649 or section 45a-646, as the case may be.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2014	45a-644
Sec. 2	October 1, 2014	45a-650(h)
Sec. 3	October 1, 2014	45a-652

Statement of Purpose:

To permit a religious order that operates a religious nursing home facility to serve as the conservator of any member of the religious order who is a patient at such nursing home.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]