OFFICE OF FISCAL ANALYSIS

Legislative Office Building, Room 5200

Hartford, CT 06106 (860) 240-0200

http: //www. cga. ct. gov/ofa

sSB-1439

AN ACT CONCERNING CONSERVATORS AND APPEALS OF CONSERVATORSHIPS AND GUARDIANSHIPS.

OFA Fiscal Note

State Impact:

Agency Affected

Fund-Effect

FY 08 $

FY 09 $

Probate Court

PCAF - See Below

Minimal

Minimal

Note: PCAF=Probate Court Administration Fund

Municipal Impact: None

Explanation

The bill alters the process for filing an appeal from the probate court, eliminates the motion for appeal, and allows an appeal to be made directly with the Superior Court. Currently, the probate courts assess a $50 fee when an appeal is made. This would result in a revenue loss to the Probate Court Administration Fund (PCAF) of approximately $2,500 annually1.

Additionally, the bill requires the court to make a recording (which shall be part of the record) during conservatorship proceedings. Only a limited number of courts are equipped with recording devices. It is estimated to cost up to $15,000 to provide all courts with a recording device. The bill also requires that in the case of an appeal from a matter that was on record, the cost of the transcript shall be charged to the party appealing. However, if the party making the appeal is indigent, the cost would be borne by the PCAF. It is unknown the cost to produce the transcripts; however, since there are few appeals filed annually1, it is anticipated that the cost would be minimal.

The bill is not anticipated to result in a fiscal impact to the various state agencies that are involved in conservator or guardianship proceedings.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation, except for the purchase of recording equipment, which would be a one-time cost.

1 In calendar year 2006 there were 50 appeals made in probate courts.