Pennsylvania Code
Title 55 - HUMAN SERVICES
Part VI - Mental Health/Intellectual Disability/Autism Manual
Subpart C - Administration and Fiscal Management
Chapter 4310 - CLIENT LIABILITY-STATE MH/ID FACILITIES
DETERMINING LIABILITY AND ASSESSMENTS
Section 4310.12 - Irrevocable/court-ordered burial accounts and restricted trust accounts
Current through Register Vol. 54, No. 44, November 2, 2024
If a client has a burial or trust account, the status of the account shall be determined and documented. The only burial reserve or trust account that is not considered a resource to the client is an irrevocable or court-ordered burial account or restricted trust account.
(1) Irrevocable/court-ordered burial accounts. Those accounts that can only be released to a funeral director or legal representative upon the client's death. Documentation is required in all cases to verify irrevocability.
(2) Restricted trust accounts. Those trusts that have been established in the client's name that are legally restricted from invasion of the principal amount for care and maintenance. Income only may be assessed from such trusts. Documentation is required in all cases to verify the status of the trust.
(3) Clients with legally liable relatives and with income or assets restricted to their own use.
