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DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM NON-SSI RESOURCE ELIGIBILITY 11/18 CHAPTER E PAGE 54 28.1. Assumption of Availability for Support and Maintenance Assume, absent evidence to the contrary, that funds in such an account are available for the individual's support and maintenance and are, therefore, that individual's resource. This includes accounts in which an individual or his/her agent must petition the court for withdrawal of funds. 28.1.1. Obtain the Individual's Allegation Obtain over the individual's signature an allegation regarding: • Who can withdraw the funds; • The method for withdrawing funds (e.g., petition the court or unlimited ability to withdraw by the individual or his/her agent); • Uses to which funds may or must be put; and • Any restrictions on availability or use of funds 28.1.2. Evidence to the Contrary Evidence to the contrary include (but are not limited to): • Restrictive language in the court order that established the account or in a subsequent court order; • If the court has, at the individual's or his/her agent's request, restricted use of funds in the account to things other than the individual’s support and maintenance, obtain the individual's allegation as to whether the restriction(s) can be removed by request or petition. o If the restriction(s) can be removed at the individual's or agent's request or petition, determine that the funds are a resource. o If the restriction(s) cannot be removed, the funds are not available and are not a countable resource. • The court has repeatedly denied requests for withdrawals for the individual's support and maintenance. o Denial by the court of a request for withdrawal of funds does not necessarily mean that funds in the account are unavailable for the individual's support and maintenance. Evaluate the reasons for denial. If the court only disapproves requests for