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extended by Social Security for up to 48 months. Begin counting the

resources the first day of the month following the month in which the a/b

fails to follow the conditions of his plan or reaches the goal of his plan.

E. Resulting Trusts/Legally Binding Agreements

1. Policy

a. It is presumed a resource owned by an individual is available to him, unless there are circumstances that make the resource unavailable.

b. The terms of a divorce decree, will, deed, court order, resulting trust or

legally binding agreement may cause a resource technically owned by

an individual to be unavailable to him.

c. A resulting trust exists when a person has a resource in his/her own

name but is holding it for the benefit of another person and he:

(1) Retains no legal interest in the resource, and

(2) Will not benefit from the disposal of the resource.

d. If the a/b or a person financially responsible for the a/b alleging that a

resource is held in trust for someone else continues to retain a legal

interest in the resource and/or will receive the proceeds from the

disposal of the resource, it is not considered to be held in trust for

someone else and is a countable resource.

e. If the a/b or a person financially responsible for the a/b claims a

resource is not available because of a resulting trust/legally binding

agreement, he/she must cooperate by presenting necessary

documentary evidence to show that the resource is unavailable.

f. A legally binding agreement may be either a written or a verbal

contract. The evidence must be sufficient to:

(1) Convince others of the validity of the agreement,

(2) Show that the agreement existed at the time of the

purchase/deposit of the resource, and

(3) Show that the legal titleholder holds the resource/property in trust

for the party applying the purchase price or making the deposit.

2. Procedures

a. When a resource is apparently owned by an individual who has

applied for Special Assistance, determine whether it may not be SA-3200 IV.