Texas Administrative Code
Title 1 - ADMINISTRATION
Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Chapter 358 - MEDICAID ELIGIBILITY FOR THE ELDERLY AND PEOPLE WITH DISABILITIES
Subchapter C - FINANCIAL REQUIREMENTS
Division 2 - RESOURCES
Section 358.327 - Transactions Involving Agents
Universal Citation: 1 TX Admin Code ยง 358.327
Current through Reg. 49, No. 38; September 20, 2024
(a) An action by a fiduciary agent is the same as an action by the person for whom the fiduciary agent acts.
(1) An asset held by a
fiduciary agent for another person is not a countable asset to the fiduciary
agent.
(2) An asset held by a
fiduciary agent for another person is a countable asset to the person for whom
the fiduciary agent acts, unless otherwise excludable.
(b) A person's resources are available if the resources are being managed by a legal guardian, representative payee, power of attorney, or fiduciary agent. If, however, a court denies a guardian or fiduciary agent access to the person's resources, the resources are not considered available to the person.
(1) If a
person's guardianship papers do not show that a legal guardian is prohibited
access, and if the court has not subsequently ruled a prohibition, the
resources are considered available.
(2) A guardian's routine need to petition the
court for permission to dispose of a person's resources is not a
prohibition.
(3) When the court
rules on a petition to dispose of a person's resources, resources are
considered available only to the extent to which the court has made the
resources available for the person's benefit.
Disclaimer: These regulations may not be the most recent version. Texas 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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