240 CHURCH STREET OPERATING COMPANY II, DBA NEWINGTON HEALTH CARE CENTER v. CYNTHIA TRACY, CONSERVATRIX OF THE ESTATE AND PERSON OF BLANCHE MORIN.

2009 Ct. Sup. 1586
No. CV07 5010686SConnecticut Superior Court Judicial District of New Haven at New Haven
January 20, 2009

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION
ROBERT I. BERDON, J.T.R.

In this case the plaintiff 240 Church Street Operating Company II, LLC dba Newington Health Center seeks to hold the defendant Cynthia Tracy, who was appointed conservatrix of her mother’s, Blanche Morin, estate, for the period of time between April 1, 2006 through December 31, 2006 liable for her care when she was not eligible for medicaid benefits because she failed to spend down the assets of the estate to $1,600.00 which would have made the estate eligible for such benefits. “A conservator of the person has the duty to provide for the care, comfort and maintenance of the ward; General Statutes § 45a-656(a)(4); and that duty `shall be carried out within the limitations of the resources available to the ward, either through . . . [her] own estate or though private or public assistance.’ General Statutes § 45a-656(a).” Jewish Home for the Elderly of Fairfield County, Inc. v. Cantore, 257 Conn. 531, 540
(2001).

Nevertheless, as in this present case, when the statute “imposes a duty and is silent as to when it is to be performed, a reasonable time is implied.” Hartley v. Vitiello, 113 Conn. 74, 79 (1931).

In determining whether the time during which the conservatrix failed to act was reasonable, all factors should be taken into account. Those factors in this case include the delay by the Department of Social Services in determining whether a marital trust was to be taken into consideration in determining whether the ward would be eligible for medicaid, which was not decided by the department until December 2006.

The court enters judgment in favor of the defendant plus taxable costs.

CT Page 1587