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for the qualified educational expenses of the applicant or beneficiary, or their non-LTSS spouse, or dependent(s). Distributions are excluded as income when made for qualified educational expenses, even if the applicant or beneficiary as co- owner must consent to the release of funds and/or receives the distribution and provides the payment or receives reimbursement for the qualified education expenses of the spouse or dependent(s). Third (3rd) party contributions to an education fund made by an applicant or beneficiary in which they are not the named co-owner are considered gifts. For the purposes of Medicaid eligibility in Rhode Island, such contributions are excluded providing the amount does not exceed the limit for the special deduction permitted under Rhode Island law (R.I. Gen. Laws § 44-30- 12(c)(4)) of five hundred dollars ($500.00) for an individual and one thousand dollars ($1,000.00) for a couple even if the beneficiary is a member of the FRU. i. Health Savings Accounts (HSAs). Accounts used to set aside funds to meet medical expenses. Unless the individual can demonstrate that the funds in their HSA are not available to them, the HSA is a countable resource. B. Resources, liquid and non-liquid, managed by a third (3rd) party include, but are not limited to, trusts, guardianship accounts, and retirement funds. Resources of a person managed by a third (3rd) party, such as a trustee, guardian, conservator, or agent under a power of attorney are considered available to that person as long as they can direct the third (3rd) party to dispose of the resource, or the third (3rd) party has the legal authority to dispose of the resource on the person’s behalf without the person’s direction. 1. Guardianship/Conservator funds – A person or institution appointed by a court in any State to act as a legal representative for another person, such as a minor or a person with disabilities. Cash or funds held by a guardian or conservator in bank or similar financial institution are presumed to be available for the support and maintenance of the protected person and are countable resources. Other resources of the person subject to a guardianship or conservatorship, such as real estate, brokerage accounts, stocks, bonds, life insurance policies, and automobiles, are presumed to be unavailable due to a legal impediment and are not countable resources for the purposes of determining Medicaid eligibility. Such other resources may become available when the guardian or conservator is required as a condition of obtaining or maintaining the person’s Medicaid eligibility to seek court approval to liquidate and convert assets into cash or funds in a bank or similar accessible account available for the person’s support and maintenance.