Page 44

DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM NON-SSI RESOURCE ELIGIBILITY 11/18 CHAPTER E PAGE 33 17.1.1.1. First 30 Days The contract is a countable resource and the Burial Fund and Burial Space Exclusions may apply. 17.1.1.2. After 30 Days The contract is not a resource. The value of the burial fund items included in the contract must be subtracted from the maximum Burial Fund Exclusion that is available to exempt other burial resources. 17.1.2. Kentucky State Law specifies any contracts made June 16, 1966 or later, are revocable, but any made before then may be irrevocable. 17.1.3. North Carolina State law specifies that contracts entered into after June 22, 1982, may be irrevocable if the contract so provides; contracts before then are all revocable. 17.1.4. Tennessee State law provides that contracts entered into after June 30, 1981, may be irrevocable if they contain certain statutorily mandated language. Contracts made prior to July 1, 1981, are all revocable unless a Tennessee court has been petitioned on or after July 1, 1981, to make them irrevocable. 17.2. Provider Places Funds in Trust When an individual contract with a provider of burial services and the provider places the funds in trust, the individual has purchased goods and services. The purchased contract is evaluated to determine if it is a countable resource. The trust is not evaluated. See Burial Trusts Chapter E -20. 17.3. Conditions for Liquidation A prepaid burial contract may have conditions attached to its liquidation or revocation. If either of the following conditions exists, the contract is not a resource.