Substitute Senate Bill No. 1275
         Substitute Senate Bill No. 1275

               PUBLIC ACT NO. 97-90


AN ACT CONCERNING PROBATE MATTERS.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  1.  Subsection (f) of section 19a-265
of  the  general  statutes  is  repealed  and  the
following is substituted in lieu thereof:
    (f)  Immediately upon issuance of an emergency
commitment  order   under   subdivision   (4)   of
subsection  (c)  of  this section, the director of
health shall petition the probate  court  for  the
district in which the person who is subject to the
order resides to determine whether such commitment
shall    be    continued.    The   Probate   Court
Administrator shall appoint  a  three-judge  court
from  among  the  several  judges  of  probate  to
conduct the hearing. Such three-judge court  shall
consist   of   at   least  one  judge  who  is  an
attorney-at-law  admitted  to  practice  in   this
state.  The  judge  of probate having jurisdiction
under the provisions of this section  shall  be  a
member,   provided   such   judge  may  disqualify
himself, in which case all three members  of  such
court  shall  be  appointed  by  the Probate Court
Administrator.   Such   three-judge   court   when
convened shall be subject to all of the provisions
of law as if it were  a  single-judge  court.  The
involuntary  confinement  of  a  person under this
section shall not be ordered by the court  without
the  vote  of  at  least  two  of the three judges
convened hereunder. The judges of such court shall
designate  a chief judge from among their members.
All records for any case  before  the  three-judge
court  shall be maintained by the court of probate
having jurisdiction over  the  matter  as  if  the
three-judge  court  had  not  been  appointed. The
hearing shall be  held  within  ninety-six  hours,
EXCLUDING  SATURDAYS,  SUNDAYS AND LEGAL HOLIDAYS,
of  the  issuance  of  such  order  of   emergency
commitment and the court shall cause such advanced
notice as it directs thereof to be  given  to  the
person  who  is  the subject of the order and such
other person as it may  direct.  The  court  shall
determine:   (1)   If   the   person   has  active
tuberculosis that  is  infectious  or  presents  a
substantial    likelihood    of    having   active
tuberculosis  that  is   infectious   based   upon
epidemiologic, clinical, or radiographic evidence,
and laboratory test results;  (2)  if  the  person
poses  a  substantial  and  imminent likelihood of
transmitting tuberculosis  to  others  because  of
inadequate  separation  from  others,  based  on a
physician's professional judgment using recognized
infection control principles; (3) if the person is
unwilling or unable to behave so as to not  expose
others to risk of infection from tuberculosis; (4)
if efforts have been made to educate  and  counsel
the person about the need to avoid exposing others
and required contagion  precautions;  (5)  if  the
person    has   expressed   or   demonstrated   an
unwillingness to adhere to the  prescribed  course
of   treatment   that   would  render  the  person
noninfectious; (6) if efforts have  been  made  to
educate  and  counsel  about  the need to complete
treatment and if reasonably  appropriate  enablers
and incentives have been offered to facilitate the
completion of treatment; and (7) whether the order
is   necessary   and   is  the  least  restrictive
alternative to protect the public health.
    Sec.   2.   Section   45a-92  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  Each  person who is a judge of probate at
any time during any calendar year shall file  with
the Probate Court Administrator on or before March
first of the succeeding  year  a  sworn  statement
showing  the  actual  gross  receipts and itemized
costs of his office and the net  income  for  each
such  calendar year. If such person ceases to hold
office, he shall also file with the Probate  Court
Administrator,  on  or  before  March first of the
second and third years  next  following,  a  sworn
statement  showing  his net income from his former
office for the first  and  second  calendar  years
next  following  the  calendar  year  in  which he
ceased to hold office. At the time of filing, each
such  person  shall  pay to the State Treasurer as
hereinafter provided  the  sum  required  by  this
section,  less  sums  previously paid to the State
Treasurer on account. Payment shall be credited by
the  State  Treasurer  to  the fund established by
section 45a-82.
    (b)   The   personal  representative  of  each
person who holds the office of judge  of  probate,
at  any  time  during  any calendar year, and dies
while in  office,  or  within  twenty-four  months
after  ceasing to hold office, shall file with the
Probate Court Administrator, on  or  before  March
first next following such death, a sworn statement
showing the actual  gross  receipts  and  itemized
costs  of  the decedent's office for the preceding
calendar year and the decedent's net  income  from
that  office  for such calendar year. The personal
representative shall file with the  Probate  Court
Administrator  on  or  before  March  first of the
second year following said death a sworn statement
showing  the  net  income to the decedent's estate
from such office for the preceding calendar year.
    (c)   Each   judge   of  probate  or  personal
representative except a judge of  probate  who  is
Probate  Court  Administrator shall at the time of
filing such returns pay to the State Treasurer  to
be  credited  to  the  fund established by section
45a-82, a percentage of the annual net income from
such office based on the following table:

    First $10,000                  $1 nominal
    Next  $ 5,000                          3%
    Next  $ 5,000                          6%
    Next  $ 5,000                         10%
    Next  $ 5,000                         15%
    Next  $ 5,000                         25%
    Next  $ 5,000                         35%
    Next  $ 5,000                         50%
    Next  $ 5,000                         65%
    Next  $ 5,000                         80%
    Next  $ 5,000                         85%
    Next  $20,000                         90%

    Excess over $80,000
    up to the maximum amount
    computed by the State
    Treasurer as provided
    below                                 95%

    All over the maximum
    amount computed by the
    State Treasurer as provided
    below                                100%

As  used  herein,  "maximum amount" shall mean the
amount of  annual  net  income  from  such  office
which,  when  applying the percentage payments set
forth above, shall result in the judge of  probate
retaining  as  net compensation, after the payment
of the above amounts, a sum equal to the salary of
a  Superior Court judge who has served the maximum
number of years for the highest salary provided in
section 51-47. In any year during which the salary
of a Superior Court  judge  in  section  51-47  is
increased,  the  State Treasurer shall compute and
furnish to  the  Probate  Court  Administrator  no
later  than sixty days prior to the effective date
of such Superior Court  judge's  salary  increase,
the maximum amount over which any judge of probate
shall pay one hundred per cent of the  annual  net
income. Any such change in the maximum as a result
of the change in the salary of the Superior  Court
judge  shall  be effective on the same date as the
increase in  the  salary  of  the  Superior  Court
judge.  Such  payment  shall  be  deemed  to  be a
necessary expense of his office but shall  not  be
deductible  from  the gross income for the purpose
of determining net income  of  such  office  under
this section.
    (d)  (1)  Any  judge  of  probate  who  is the
Probate Court Administrator shall pay to the State
Treasurer,  to  be  credited  to  said  fund,  one
hundred per cent of the annual net income from his
office  during  the  period  of  time he serves as
Probate Court Administrator. (2) For the  purposes
of this assessment, fees received after but earned
before   his   appointment   as   Probate    Court
Administrator  shall  be subject to the assessment
set forth in  the  table  in  this  section.  Fees
received  after such judge of probate ceases to be
the Probate Court Administrator but earned  during
his  term  as Probate Court Administrator shall be
paid in full to  the  State  Treasurer  after  the
deduction  of  the expenses of his office. (3) The
books and records of any judge of  probate  acting
as Probate Court Administrator shall be audited by
the Auditors of Public Accounts at  the  beginning
of  his  term  as  Probate Court Administrator and
thereafter at least annually during  his  term  as
Probate Court Administrator and upon completion of
his term as  Probate  Court  Administrator  or  as
judge  of  probate  whichever  occurs first. (4) A
judge   of   probate   who   is   Probate    Court
Administrator  shall  make  no  expenditure in his
court  for  salaries,  equipment,  or  any   other
expenditure  exceeding  the  sum  of  one  hundred
dollars in the aggregate, annually, without  first
having  obtained  the  approval of the Chief Court
Administrator.
    (e)  (1)  On or before January thirty-first of
each year, each person required  to  make  payment
under  this section shall estimate such annual net
income  and  shall  advise   the   Probate   Court
Administrator   thereof,   upon   such  forms  and
pursuant to such regulations as said administrator
shall promulgate. (2) Each person who takes office
as a judge of probate after February first of  any
calendar year, as the result of death, retirement,
resignation or removal of the immediately previous
incumbent  of that office, shall file his estimate
of  annual  net  income  with  the  Probate  Court
Administrator and shall make the necessary payment
to the State Treasurer in accordance therewith not
later than sixty days after taking office.
    (f)  If,  based upon such estimate, the amount
payable shall be less than  one  hundred  dollars,
the  payment  thereof shall be made in one payment
on  or  before  December   thirty-first   of   the
applicable  year.  Otherwise,  the  amount payable
shall  be  made  in   four   substantially   equal
instalments  payable  on or before the last day of
March,  June,  September  and  December   of   the
applicable  year,  except  that  in the case of an
estimate filed  pursuant  to  subdivision  (2)  of
subsection (e) of this section, the amount payable
under such estimate shall be made in substantially
equal instalments on such instalment payment dates
next following the timely filing of such  estimate
in such year. The estimated payment may be amended
and changed at any time during the year  in  which
it  is  payable  by  increasing  or decreasing the
amount. The amount of such  increase  or  decrease
shall be paid for or adjusted in the instalment or
payment due at the time the  estimated  assessment
is  next payable after such amendment. THE PROBATE
COURT ADMINISTRATOR MAY ADOPT REGULATIONS PURSUANT
TO  SUBDIVISION  (1)  OF SUBSECTION (b) OF SECTION
45a-77 TO CARRY OUT THE INTENT OF THIS SUBSECTION.
    (g)  Upon  the  completion  of  each  calendar
year, and in any event on or before the first  day
of  March  of  the  succeeding calendar year, each
person required to make payment under this section
shall  make  sworn  report  to  the  Probate Court
Administrator,  upon  forms  prescribed   by   and
subject   to   regulations   promulgated   by  the
administrator, of the  following:  (1)  The  gross
income  received  by  virtue  of  such office; (2)
actual expenses incurred in  connection  with  the
office; (3) the net income of such office prior to
the  payment   of   the   assessment   instalments
hereinbefore  provided; (4) the amount paid during
the preceding calendar year to the State Treasurer
on  account of the foregoing estimate; and (5) the
amount of the  difference,  if  any,  between  the
amount  so  paid and the amount actually due. This
report shall be open to public inspection.
    (h)  If  the amount already paid was less than
the amount due, such person shall,  on  or  before
March  first  of the succeeding calendar year, pay
to the State Treasurer the entire  deficiency.  If
the  amount  already paid was more than the amount
due, such person shall either, at his election and
pursuant  to  regulations promulgated by the State
Treasurer, be entitled to a refund of such  excess
payment  to  be  paid  from  the  fund provided by
section 45a-82, or a credit in the amount  of  the
overpayment  to  be  charged  against  the  future
obligations of such person to said fund.
    (i)   (1)  If  [the  estimated  payments  made
pursuant to this section are less than seventy per
cent  of  the  amount due] ANY ESTIMATED QUARTERLY
PAYMENTS  REQUIRED  TO   BE   PAID   PURSUANT   TO
SUBSECTION  (f)  OF  THIS  SECTION  IS  LESS  THAN
ONE-FOURTH  OF  SEVENTY  PER  CENT  OF  THE  TOTAL
ASSESSMENT   DUE   FOR  THAT  YEAR  OR  LESS  THAN
ONE-FOURTH  OF  NINETY-FIVE  PER   CENT   OF   THE
ASSESSMENT  PAID  FOR  THE PRIOR YEAR, such person
shall be obligated to pay to such fund  a  penalty
of  ten  per cent of the amount of the deficiency,
except that [no such penalty shall be required  if
the   estimated   payments   were  not  less  than
ninety-five per cent of the actual assessment paid
for   the   previous   year]   THE  PROBATE  COURT
ADMINISTRATOR MAY WAIVE SUCH PENALTY FOR CAUSE  IN
ACCORDANCE  WITH  REGULATIONS  ADOPTED PURSUANT TO
SUBDIVISION  (1)  OF  SUBSECTION  (b)  OF  SECTION
45a-77. Any such penalty shall become payable upon
demand by the Probate Court Administrator, and  be
due  within  thirty  days  after  such  demand, in
accordance with  regulations  promulgated  by  the
Probate  Court Administrator, and shall be subject
to  interest  under  subdivision   (2)   of   this
subsection   in  the  event  of  default  in  such
payment.   (2)   Any   payments   required   under
subsection  (f)  or  (h) which are not paid at the
applicable times prescribed in  said  subsections,
and any penalty payment required under subdivision
(1) of this subsection which is not  timely  paid,
shall incur simple interest at the rate applicable
under section 12-376  for  delinquent  payment  of
succession  and  transfer taxes where no extension
has been granted, to be payable to  the  Treasurer
and  to  be  added  to  the fund established under
section 45a-82. Any alleged delinquency of a judge
of  probate  in  making payments as required under
this  section  shall  be  referred  by  the  State
Treasurer  to the Attorney General for such action
as the Attorney General deems necessary.
    (j)   (1)  As  used  in  this  subsection  and
subsections  (c)  to  (i),  inclusive,   of   this
section,  for  any calendar year, the term "actual
expenses incurred  in  connection  therewith"  may
include  as  an  allowable deduction the amount of
any net operating loss for a prior  calendar  year
as  provided  in  this  section. (2) The term "net
operating loss" means the excess of itemized costs
and  expenses  of  office  allowed by this section
over the gross income. A net operating loss may be
deducted  in  the calendar year following the year
in which the net operating loss occurred, but  (A)
if  the  net income of such subsequent year is not
sufficient to pay all of such net operating  loss,
then the balance of such net operating loss may be
deducted in the  second  calendar  year  following
such net operating loss; and (B) if the net income
of such second calendar year is not sufficient  to
pay  all of the remaining net operating loss, then
the balance of such  net  operating  loss  may  be
deducted in the third calendar year following such
net operating loss. In no event shall any such net
operating  loss  or part thereof be deductible for
any report beyond the third calendar year in which
it occurred.
    (k)    Notwithstanding   the   provisions   of
subsection  (c)   of   this   section   concerning
percentage payments, a judge of probate who is the
judge in a court of probate designated as  a  high
volume  court  shall be permitted to retain as net
compensation, before the payment  of  any  amounts
due  under  sections  45a-34 to 45a-54, inclusive,
and 45a-75, the sum which shall be the greater  of
(1)   the  net  compensation  resulting  from  the
application of the percentages in  subsection  (c)
of  this  section or (2) compensation earned after
payment of actual expenses of the  office  not  to
exceed  seventy-five per cent of the amount of the
salary of a Superior Court judge as determined  in
accordance with subsection (a) of section 51-47 as
determined on July first of the calendar year  for
which  the  assessments are being paid pursuant to
this section. If a judge  of  probate  of  a  high
volume court leaves office during a calendar year,
or if a judge of probate of a  high  volume  court
assumes  office and serves during a portion of the
calendar  year,  the  minimum   net   compensation
provided  in  this  section  shall  be prorated in
accordance with the number of days  served  during
the  calendar  year  as  the  numerator, and three
hundred  and  sixty-five   as   the   denominator,
provided  if  the  business  of  the  court  in  a
calendar year does not produce  sufficient  income
with  which  to  pay the minimum net compensation,
then payment for that year shall not  be  extended
to  subsequent calendar years. For the purposes of
this subsection, "high volume court" shall mean  a
court of probate which serves a district having an
estimated population of seventy thousand  or  more
persons  as  reported  in  the  State Register and
Manual for the calendar year immediately preceding
(A)   the   year   for   which  the  [minimum  net
compensation would apply] JUDGE WAS  ELECTED,  (B)
THE  YEAR  IN  WHICH SUCH JUDGE WAS ELECTED OR (C)
ANY YEAR OF THE TERM OF OFFICE OF SUCH JUDGE.  The
amount   of   assessment   payable  to  the  State
Treasurer under this section shall be  reduced  by
the  amount  necessary to provide to the judge the
minimum  compensation  to  which  such  judge   is
entitled  under this section, and the estimates of
annual net income required in subsections (e)  and
(f)  of  this  section may be reduced accordingly.
Minimum compensation as provided herein shall only
be  payable if all ordinary and necessary expenses
of the court are paid.
    Sec.   3.   Section  45a-175  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)  Courts of probate shall have jurisdiction
of the interim and final accounts of  testamentary
trustees,  trustees  appointed  by  the  courts of
probate,    conservators,    guardians,    persons
appointed  by  probate  courts to sell the land of
minors, executors, administrators and trustees  in
insolvency,  and,  to  the  extent provided for in
this section, shall have jurisdiction of  accounts
of  the  actions of trustees of inter vivos trusts
and  attorneys-in-fact  acting  under  powers   of
attorney.
    (b)  A  trustee  or  settlor of an inter vivos
trust or an attorney-in-fact or the  successor  of
the  trustee,  settlor  or attorney-in-fact or the
grantor of such power of  attorney  or  his  legal
representative  may  make application to the court
of probate for the district where the  trustee  or
the  attorney-in-fact  has  his  or  its principal
place of business or to the court of  probate  for
the  district where the trustee or any one of them
or the settlor  or  the  attorney-in-fact  or  the
grantor  of the power resides or, in the case of a
deceased settlor  or  grantor,  to  the  court  of
probate having jurisdiction over the estate of the
settlor  or  grantor   for   submission   to   the
jurisdiction  of  the  court  of  an  account  for
allowance of the trustee's or  attorney's  actions
under such trust or power.
    (c)  (1)  Any  beneficiary  of  an inter vivos
trust may  petition  a  court  of  probate  having
jurisdiction  under this section for an accounting
by the trustee or trustees. The court  may,  after
hearing  with  notice  to  all interested parties,
grant the petition and require an  accounting  for
such   periods   of  time  as  it  determines  are
reasonable and necessary on finding that: (A)  The
beneficiary   has   an   interest   in  the  trust
sufficient to entitle him to  an  accounting,  (B)
cause   has  been  shown  that  an  accounting  is
necessary, and (C) the petition  is  not  for  the
purpose of harassment.
    (2)    A   court   of   probate   shall   have
jurisdiction  to  require  an   accounting   under
subdivision  (1) of subsection (c) of this section
if (A) a trustee  of  the  trust  resides  in  its
district,  (B) in the case of a corporate trustee,
the trustee has its principal place of business in
the  district,  (C)  any  of  the trust assets are
maintained or evidences of intangible property  of
the trust are situated in the district, or (D) the
settlor resides in the district.
    (3)  As  used in subdivision (1) of subsection
(c)  of  this  section,  "beneficiary"  means  any
person  currently  receiving payments of income or
principal from the trust, or who may  be  entitled
to  receive  income  or principal or both from the
trust  at  some  future   date,   or   the   legal
representative of such person.
    (d)  The action to submit an accounting to the
court,  whether  by  an  inter  vivos  trustee  or
attorney  acting  under  a  power  of  attorney or
whether pursuant to  petition  of  another  party,
shall  not  subject  the  trust  or  the  power of
attorney to the  continuing  jurisdiction  of  the
probate court.
    (e)  If the court finds such appointment to be
necessary and in the best interests of the estate,
the  court  upon  its  own  motion  may appoint an
auditor to be selected from a list provided by the
Probate  Court  Administrator, to examine accounts
over which the court has jurisdiction  under  this
section, except those accounts on matters in which
the fiduciary  or  cofiduciary  is  a  corporation
having    trust    powers.   The   Probate   Court
Administrator  shall  promulgate  regulations   in
accordance  with  section  45a-77  concerning  the
compilation of a list of qualified auditors. Costs
of  the audit may be charged to the fiduciary, any
party  in  interest  and  the  estate,   in   such
proportion  as the court shall direct if the court
finds such charge to be equitable. Any such  share
may  be  paid  from  the  fund  established  under
section 45a-82, subject to  the  approval  of  the
Probate  Court  Administrator, if it is determined
that the person obligated to  pay  such  share  is
unable  to  pay  or  to  charge such amount to the
estate would cause undue hardship.
    (f)  Upon  the  allowance of any such account,
the  court  shall  determine  the  rights  of  the
fiduciaries  or the attorney-in-fact rendering the
account and  of  the  parties  interested  in  the
account,  subject to appeal as in other cases. The
court shall cause notice of  the  hearing  on  the
account  to  be  given  in such manner and to such
parties as it directs.
    (g)  IN  ANY  ACTION  UNDER  THIS SECTION, THE
PROBATE COURT SHALL HAVE, IN  ADDITION  TO  POWERS
PURSUANT TO THIS SECTION, ALL THE POWERS AVAILABLE
TO A JUDGE OF THE SUPERIOR COURT  AT  LAW  AND  IN
EQUITY PERTAINING TO MATTERS UNDER THIS SECTION.
    Sec.   4.   Section  45a-650  of  the  general
statutes  is  repealed  and   the   following   is
substituted in lieu thereof:
    (a)    At    any   hearing   for   involuntary
representation, the court shall  receive  evidence
regarding   the   condition   of  the  respondent,
including a written report or testimony by one  or
more  physicians  licensed to practice medicine in
the state who have examined the respondent  within
thirty  days  preceding the hearing. The report or
testimony  shall  contain   specific   information
regarding  the  disability  and  the extent of its
incapacitating effect. The court may also consider
such  other  evidence  as  may  be  available  and
relevant, including but not limited to  a  summary
of  the  physical  and social functioning level or
ability of the respondent, and the availability of
support   services  from  the  family,  neighbors,
community, or any other appropriate  source.  Such
evidence  may  include, if available, reports from
the social work service  of  a  general  hospital,
municipal   social   worker,  director  of  social
service,  public  health  nurse,   public   health
agency,  psychologist, coordinating assessment and
monitoring agencies, or such other persons as  the
court  deems  qualified  to provide such evidence.
The court may waive the requirement  that  medical
evidence  be  presented  if  it  is shown that the
evidence is impossible to obtain  because  of  the
absence of the respondent or his or her refusal to
be examined by a physician  or  that  the  alleged
incapacity  is  not  medical  in  nature.  If this
requirement is waived,  the  court  shall  make  a
specific  finding  in  any  decree  issued  on the
petition stating  why  medical  evidence  was  not
required.
    (b)  Notwithstanding the provisions of section
45a-7, the court  may  hold  the  hearing  on  the
application at a place within the state other than
its  usual  courtroom  if  it   would   facilitate
attendance by the respondent.
    (c)   If   the   court   finds  by  clear  and
convincing  evidence  that   the   respondent   is
incapable  of  managing his or her affairs, [then]
the court shall appoint a conservator  of  his  or
her  estate  UNLESS  IT  APPEARS TO THE COURT THAT
SUCH AFFAIRS ARE BEING  MANAGED  PROPERLY  WITHOUT
THE  APPOINTMENT  OF  A  CONSERVATOR. If the court
finds by clear and convincing  evidence  that  the
respondent  is  incapable of caring for himself or
herself,  [then]  the  court   shall   appoint   a
conservator of his or her person UNLESS IT APPEARS
TO THE COURT THAT THE RESPONDENT  IS  BEING  CARED
FOR   PROPERLY   WITHOUT   THE  APPOINTMENT  OF  A
CONSERVATOR.
    (d)  When  DETERMINING  WHETHER  A CONSERVATOR
SHOULD BE APPOINTED AND IN selecting a conservator
to  be  appointed  for  the  respondent, the court
shall be guided  by  the  best  interests  of  the
respondent.  IN  MAKING  SUCH  DETERMINATION,  THE
COURT SHALL CONSIDER WHETHER  THE  RESPONDENT  HAD
PREVIOUSLY  MADE  ALTERNATIVE ARRANGEMENTS FOR THE
CARE OF HIS PERSON OR FOR THE  MANAGEMENT  OF  HIS
AFFAIRS,   INCLUDING,  BUT  NOT  LIMITED  TO,  THE
EXECUTION OF A VALID DURABLE  POWER  OF  ATTORNEY,
THE  APPOINTMENT  OF  A HEALTH-CARE AGENT OR OTHER
SIMILAR DOCUMENT. The respondent may, by  oral  or
written  request, if at the time of the request he
or  she  has  sufficient  capacity  to   form   an
intelligent preference, nominate a conservator who
shall be appointed  unless  the  court  finds  the
appointment  of  the  nominee  is  not in the best
interests of the respondent. In such case,  or  in
the  absence of any such nomination, the court may
appoint any qualified  person,  authorized  public
official   or   corporation   in  accordance  with
subsections (a) and (b) of section 45a-644.
    (e)  Upon the request of the respondent or his
or her counsel, made within  thirty  days  of  the
date  of  the  decree,  the  court  shall make and
furnish  findings   of   fact   to   support   its
conclusion.
    (f)  If  the  court  appoints a conservator of
the estate of the respondent, it shall  require  a
probate  bond.  The  court  may,  if  it  deems it
necessary for the protection  of  the  respondent,
require  a  bond  of any conservator of the person
appointed hereunder.
    Sec.  5.  Section  23  of public act 96-170 is
repealed and the following is substituted in  lieu
thereof:
    This  act  shall  take  effect  July  1, 1998,
EXCEPT THAT SECTION 1 SHALL TAKE  EFFECT  JULY  1,
1997.
    Sec.  6.  This  act  shall take effect July 1,
1997, except that  sections  2  to  4,  inclusive,
shall take effect October 1, 1997.

Approved June 6, 1997