130 Conn. App. 243
Conn. App. Ct.2011Background
- Falvey appeals from the Superior Court’s denial of her appeal of the Probate Court’s order denying her application to become conservator of her mother Rose Zurolo and of Zurolo’s estate.
- Probate Court appointed a neutral third party conservator, Mirto, over Falvey’s objections and despite Falvey’s prior conduct raising potential conflicts.
- The Probate Court found Falvey had an existing or potential conflict of interest under § 45a-650(h) due to 2005 checks she received from Zurolo’s funds.
- Trial evidence included testimony from nine witnesses; Mirto offered no evidence about his qualifications.
- Superior Court affirmed the Probate Court’s appointment of Mirto and denied Falvey’s appeal regarding the disqualification and appointment.
- The court remanded for a hearing on the appointment of a neutral conservator and otherwise affirmed the remaining aspects of the decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 45a-650(h) requires a hearing with evidence on suitability before appointing a neutral conservator | Falvey argues no evidentiary hearing or record on Mirto’s qualifications. | Mirto argues the statute permits appointment without a preappointment evidentiary hearing. | Ambiguous; required record-based consideration of factors; remand for hearing on neutral conservator. |
| Whether substantial evidence supported disqualification of Falvey for conflict of interest | Falvey contends no substantial evidence of conflict. | Probate Court found evidence of impropriety and conflicts. | Substantial evidence supported the conflict finding; denial affirmed. |
| Whether the appointment of Mirto as conservator was proper under § 45a-650(h) given lack of evidence on his qualifications | Falvey contends appointment was arbitrary due to missing evidence on Mirto’s qualifications. | Court considered factors but record lacked evidence on Mirto’s qualifications; discretionary appointment allowed. | Appointment arbitrary; reversed; remand for hearing on neutral conservator. |
Key Cases Cited
- Saunders v. Firtel, 293 Conn. 515 (2009) (statutory interpretation and evidentiary standards in probate appeals; plenary review)
- Goldstar Medical Services, Inc. v. Dept. of Social Services, 288 Conn. 790 (2008) (probate/administrative review standards; burden of proof)
- Wilton Meadows Ltd. Partnership v. Coratolo, 299 Conn. 819 (2011) (interpretation of statutory silence and coherency of statutes)
- State v. Fernando A., 294 Conn. 1 (2009) (statutory construction and interpretation principles)
- Finley v. Commissioner of Motor Vehicles, 113 Conn.App. 417 (2009) (substantial evidence standard in administrative appeal review)
- Prioleau v. Commission on Human Rights & Opportunities, 116 Conn.App. 776 (2009) (substantial evidence standard and review of administrative findings)
- Zahringer v. Zahringer, 124 Conn.App. 672 (2010) (appellate review of probate and factual findings)