Joint Ownership - Restrictive Legal Conditions
Resources with restrictive legal conditions must have availability determined on a case-by-case basis. Restrictive legal conditions include, but are not limited to the following:
Bank accounts established for a child, or an elderly or disabled person, that meet any of the following:
Contain funds from sources such as Social Security or VA.
Have legal restrictions on their use placed by the provider of the funds.
NOTE Verify that all monies are spent exclusively for the beneficiary. The payee must not be living with the participant to ensure the funds are not spent for shelter or food expenses that the participant shares.
Bank accounts established to permit a participant to act on a nonparticipant's behalf in the event of sudden illness or disability, when either of the following applies:
The nonparticipant has no financial responsibility to the participant.
The nonparticipant refuses to release any funds.
Resources in which ownership is being disputed or is undecided, as in divorce proceedings or in probate. (See Inaccessible Resources)
When a participant’s share of a joint ownership of a financial account, determine the purpose and intent of the joint account. Do not count any funds as both a resource and income to the budgetary unit in the same month. (See Joint Accounts)