Section 45-70g-3a - Application and determination of appointment(a) Any application for conservator which requests appointment of the Commissioner as conservator shall have attached thereto a sworn affidavit setting forth the efforts made to find a suitable conservator, conditions which place the health or welfare of the respondent in jeopardy, and a representation that the liquid assets of the respondent do not exceed the asset limit specified in Section 45-70g of the Connecticut General Statutes, as amended.(b) Upon receiving an application for conservator which requests appointment of the Commissioner as conservator, or an application concerning which the Court of Probate determines prior to hearing that the Commissioner may be appointed as conservator, a copy of said application, including the information required by Subsection 45-70g-3 a (a) above, must be sent by the Court of Probate to the Commissioner or his or her designee, within five (5) days excluding Saturday, Sunday and holidays. A notice of the hearing shall be provided to the Commissioner or the designee at least five (5) business days prior to the hearing date. The Commissioner or the designee may request such additional information as may be necessary to determine eligibility for his or her appointment either through the Court of Probate or directly from the petitioner. At the hearing the Commissioner or the designee may accept or decline the appointment in accordance with these regulations.(c) If an application for conservator is received which does not request appointment of the Commissioner as conservator, and the Court of Probate cannot determine prior to the hearing that the Commissioner may be appointed as conservator but after a hearing makes a determination that the statutory and regulatory requirements for appointment of the Commissioner have been met, and such appointment is proposed, the Court of Probate shall give the Commissioner or the designee notice of not less than five (5) business days of its intention to appoint. The Commissioner or designee may request additional information from the Court of Probate in order to determine whether to accept or decline the appointment in accordance with these regulations.(d) The appointment of the Commissioner as conservator shall be effective as of the date the Commissioner or the designee accepts the appointment in writing.(e) Service by the Commissioner as conservator is contingent upon the availability of appropriated funds. The Commissioner will suspend acceptance of appointments as conservator when he or she determines that the Department has reached its maximum capacity, and that adequate conservator services for new applicants cannot be provided within the limits of available appropriations. At that time, the Commissioner will send a notice in writing of such determination to the Probate Court Administrator requesting that all Courts of Probate be notified that the Commissioner will no longer accept conservatorship appointments. The suspension will remain in effect until the Commissioner notifies the Probate Court Administrator in writing that such appointments will again be accepted.Conn. Agencies Regs. § 45-70g-3a
Effective December 10, 1990