132 Conn. App. 644
Conn. App. Ct.2011Background
- Kawecki was appointed conservator of the person of Sophie Trent-Stevens on August 20, 2007.
- Fahey Gentile was appointed conservator of the estate on June 30, 2008.
- In March 2009, the ward's wardship litigation was filed against Saas, Jr. and Saas, Sr. alleging estate mismanagement and related wrongdoing.
- Saas Jr. had served as conservator of the estate from November 15, 2006 to June 23, 2008; Saas Sr. was alleged to be acting with him at the time.
- The complaint asserted six counts related to estate affairs (counts 1–5) and professional malpractice (count 6 against Saas Sr.).
- On March 10, 2010, Saas Sr. moved to dismiss as to Kawecki for lack of standing; the trial court granted the motion on June 2, 2010; Kawecki appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Kawecki have statutory standing as conservator of the person to sue about estate claims? | Kawecki claims standing to pursue the ward's estate claims as conservator of the person. | Only the conservator of the estate has authority to pursue estate claims; Kawecki lacks estate-standing power. | Kawecki lacks statutory standing; the estate conservator is the proper party. |
| Is Kawecki classically aggrieved to bear standing? | Kawecki has a personal interest as conservator of the person. | The claimed interest is not personal or legal to the underlying estate litigation. | Kawecki is not classically aggrieved. |
| Do the statutory duties of conservator of the person authorize bringing this action? | The complaint concerns the ward’s care and welfare, potentially falling within the conservator’s duties. | The asserted claims concern the estate, which is governed by the conservator of the estate, not the conservator of the person. | Statutory duties do not authorize Kawecki to pursue estate claims. |
| Should the court construe the complaint as arising from the ward’s estate rather than the person? | The allegations involve mismanagement of estate assets. | The claims target the ward's personal care and protection rather than estate management. | Claims relate to the estate; Kawecki cannot prosecute them. |
Key Cases Cited
- Murphy v. Wakelee, 247 Conn. 396 (Conn. 1998) (conservator powers limited to statute)
- May v. Coffey, 291 Conn. 106 (Conn. 2009) (standing requires proper party to invoke jurisdiction)
- Wright v. Teamsters Local 559, 123 Conn. App. 1 (Conn. App. 2010) (standing as basis for dismissal; subject matter jurisdiction)
- Trumbull v. Palmer, 123 Conn. App. 244 (Conn. App. 2010) (classical aggrievement test requires personal and legal interest)
- de Repentigny v. de Repentigny, 121 Conn. App. 451 (Conn. App. 2010) (construction of judgment; effect to be given to implied holdings)
- Jewish Home for the Elderly of Fairfield County, Inc. v. Cantore, 257 Conn. 531 (Conn. 2001) (statutory framework guiding conservator duties)