Conn. Agencies Regs. § 45-70g-2a

Current through October 16, 2024

Section 45-70g-2a - Eligibility standards for the commissioner on aging to serve as conservator

The Commissioner shall accept appointment as conservator of the estate of any respondent 60 years of age or older, within available appropriations and subject to the following conditions and limitations:

(a) The Court of Probate must find that the respondent is incapable of managing his or her affairs.

(b) The Court of Probate must find that the health or welfare of the respondent is in jeopardy without such appointment, based on evidence showing

(1) That the respondent has property rights which will be wasted or dissipated unless proper management is provided, or

(2) That funds are needed for the support, care or welfare of the respondent and the respondent is unable to take the necessary steps to obtain such funds.

(c) The Court of Probate must find that, despite duly diligent efforts, no other suitable conservator can be found.

(1) The Commissioner is the conservator of last resort. The availability of family, attorneys, friends, town and state officials, town social service providers, state social service providers, the Department of Administrative Services under Section 4a-15 of the Connecticut General Statutes and any other appropriate persons, to serve as conservator must be fully explored and exhausted by the person petitioning the court for a conservator before the Commissioner is authorized to serve as conservator, within available appropriations.

(2) The Commissioner may not serve as conservator if a member of the respondent's family or another person is available, qualified and willing to serve.

(d) The respondent's liquid assets must not exceed the asset limit specified in Section 45-70g(a) of the Connecticut General Statutes as amended. In determining eligibility for the Commissioner's service as conservator, a respondent's liquid assets shall be disregarded to the extent that they are required to pay outstanding bills incurred by the respondent.

(e) The Commissioner shall not accept appointment as conservator for any respondent who is placed in a Connecticut institution by a government agency of another state.

Conn. Agencies Regs. § 45-70g-2a

Effective December 10, 1990