Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 103 - Resources
Chapter 1 - Introduction to Resources
Rule 23-103-1.20 - Individuals Declared Legally Incompetent
Universal Citation: MS Code of Rules 23-103-1.20
Current through September 24, 2024
A. The following is applicable to individuals who have been declared legally incompetent:
1. Court Appointed Guardian or Conservator or
Conservator. If the court has appointed a guardian or conservator, resources
owned by the individual are considered available.
a) Seeking court approval is not a legal
restriction to the sale or disposal of the property and does not change the
property's status as a countable resource to the individual.
B. No Court Appointed Guardian. If the court has not yet appointed a guardian or conservator, resources owned by the individual are not considered available.
1. The individual does not have access to the
resource until a guardian or conservator has been appointed.
Social Security Act §1902 (r)(2); 42 CFR §435.601(b) (Rev 1994).
Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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