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DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM NON-SSI RESOURCE ELIGIBILITY 11/18 CHAPTER E PAGE 48 25.2.1. Allegation of Checks That Have Not Cleared the Bank If the individual indicates the balance of a checking account is not accurate, as he/she has written checks that have not cleared, ask for verification of any outstanding checks that were written prior to the first of the month. The individual’s check register is acceptable verification. Deduct from the verified balance the value of the outstanding checks that were verified as being written prior to the first day of the evaluation month. 25.3. Ownership Of Account 25.3.1. Fiduciaries A fiduciary is a legal representative for the owner of an account who is obligated to use the funds for the owner’s benefit. The existence of a fiduciary does not change the ownership of an account nor does it limit the account owner’s right to access the funds in the account. A fiduciary's actions are considered the actions of the owner. The account is not a resource to the fiduciary. 25.3.2. Individual Accounts Absent evidence to the contrary, assume that the person designated as owner in the account title owns all the funds in the account and has the legal right to use them for his/her own support and maintenance. 25.3.3. Joint Accounts Absent evidence to the contrary, assume that all the funds in the account belong to the applicant/recipient unless one or more of the other joint owners are also AG recipients. Assume all the funds in the account belong to the AG recipients in equal shares. See Joint Bank Accounts Chapter I – 38. 25.3.4. Ownership Rebuttal If an individual wishes to rebut the applicable ownership assumption, obtain his/her statement regarding: • Who owns the funds; • Why there is a joint account; • Who has made deposits to and withdrawals from the account; and how withdrawals have been spent.