Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 103 - Resources
Chapter 4 - Countable Resources
Rule 23-103-4.6 - Conservator Accounts
Universal Citation: MS Code of Rules 23-103-4.6
Current through September 24, 2024
A. The term "conservatorship account" refers to a financial account in which a person or institution has been appointed by a court to manage and preserve the assets of an individual which are held in the account.
B. Absent evidence to the contrary, the funds are available for the individual's support and maintenance and are countable as that person's resource.
C. The court order establishing the account verifies it.
1. The fact that an individual has to
petition the court for withdrawal of funds does not mean the funds may be
assumed to be unavailable.
2. The
denial of a request for withdrawal of funds by the court does not necessarily
mean the funds in the account are unavailable for the individual's support or
maintenance.
a) A history of the petitions for
and approvals and denials of funds may reveal the court approves petitions to
withdraw funds to provide maintenance and support and only denies non-essential
items; or
b) The court's denial of
a request is the exception rather than the rule. In either instance, the funds
are considered an available resource.
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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