We granted the plaintiff's petition for certification limited to the following issue: "Did the Appellate Court properly conclude that the trial court properly instructed the jury regarding the parties' burden of proof with respect to the duties of the defendant fiduciary?" Murphy v. Wakelee, 243 Conn. 956, 704 A.2d 805 (1997). In the first count of her complaint, the plaintiff alleged that the defendant, pursuant to General Statutes (Rev. to 1989) § 45-75, now § 45a-655, had acted as conservator of Sylvan's estate and set forth the facts from which the fiduciary duty arose.