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DEPARTMENT FOR AGING AND REHABILITATIVE SERVICES AUXILIARY GRANT PROGRAM NON-SSI RESOURCE ELIGIBILITY 11/18 CHAPTER E PAGE 55 non-essential items, the funds are considered available and a resource for AG purposes. 28.2. Examples Of Policy And Procedures For Conservatorship Accounts: • Funds Assumed to Be Available for Support and Maintenance The claimant, a disabled 28-year-old individual, received a $20,000 court- ordered personal injury award as a result of an accident on a city bus. The court order stipulates that the claimant's legal guardian must petition the court for withdrawal of funds as needed. The order does not place any restrictions on how the funds may be used on behalf of the claimant. Therefore, the funds in the account are a resource. • Petition for Withdrawal of Funds Denied The AG recipient has received a $100,000 medical malpractice award. The court order requires that the recipient petition the court for withdrawal of funds. The recipient alleges that a recent petition for withdrawal of funds was denied. The worker asks the payee to submit evidence of the petition in question and all prior petitions. All but one petition for withdrawal of funds were approved for the general support and maintenance of the individual. The court denied one petition, citing the intended use of the funds. The court characterized the intended use as “nonessential for the individual’s care.” Since the one denied petition does not negate the presumption that the funds are available for the individual’s support and maintenance, the funds are a resource. 28.3. Verification To verify the value of the funds ask the individual to submit evidence regarding the account. This evidence may include: • The court order establishing the conservatorship and the account; • Any account records showing withdrawals, deposits, and balances; • Prior applications or petitions for withdrawal of funds (if applicable), including any correspondence or notices from the court responding to the applications or petitions; and • Any other documents or evidence in the individual's possession pertaining to the conservatorship account.