Page 32

32 | P a g e October 25 o The trustee administering the trust fund account is either a court, institution, corporation, or an organization which is not under the direction or ownership of any household member, or an individual appointed by the court who has court-imposed limitations placed on the use of the trust fund account; and o Trust investments made on behalf of the trust which do not directly involve or assist any business or corporation under the control, direction, or influence of a household member; and o The funds held in the irrevocable trust are established from either the household’s own funds, if the trustee uses the funds solely to make investments on behalf of the trust, or to pay the educational or medical expenses of any person named by the household creating the trust fund account, or non-household funds by a non-household member. BURIAL ACCOUNTS: Burial accounts may be designated either revocable or irrevocable. Obtain verification and keep it in the client file. • EXCLUDE: A burial agreement that is inaccessible or irrevocable to the household is excluded as a resource. A burial account agreement is irrevocable if: o It is signed by both the participant and funeral home representative. This documentation must be maintained in the client file. o The price of all major services is specified. o The total dollar amount of the agreement is specified. o The participant was neither a minor nor legally declared incompetent when the agreement was signed. o The funeral home representative indicates in writing that the money is not refundable under any circumstances. • INCLUDE: if the account is revocable or accessible PRIMARY RESIDENCE: The household’s primary residence, including the land on which the home resides, is excluded. Note: In situations where the household is not living in their primary residence because it has become uninhabitable due to a “Disaster” or “Emergency” situation as defined in MCA 10-3- 103 and declared such by the Governor of the State of Montana (see MCA 10-3-302, 10-3-303) within the twelve-month period prior to the month of application, the “uninhabitable” primary residence of the household will be excluded as a resource. The household’s statement that the primary residence is uninhabitable will be accepted unless reasonable doubt exists about the condition of the residence. If reasonable