SI KC01140.215:
Availability of Funds in Conservatorship or “Blocked” Accounts Under State Law
Effective Dates: 01/09/2018 - Present- Effective Dates: 01/10/2018 - Present
- SI KC01140.215 Availability of Funds in Conservatorship or “Blocked” Accounts Under State Law
- See SI 01140.215
- A. Iowa
- In Iowa, the conservator is not required to provide for the care and maintenance of the protected person (individual whose funds are in the account), but has the power to do so. In addition, the conservator's power to direct funds from the protected person's estate is subject to court approval.
- Nevertheless, in Iowa it may still be presumed, absent evidence to the contrary, that funds in a conservatorship or "blocked" account are available for the care and maintenance of the protected individual. Even though the conservator may not choose to use the funds for the care and maintenance of the protected person, he retains the power to do so. Thus, the funds are available for such use. This is true despite the fact that the conservator is required to petition the court to withdraw funds for the protected individual's care.
- B. Kansas
- Kansas law requires that funds in conservatorship or "blocked" accounts be made available for the care and maintenance of the individual whose funds are in the account. 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.
- C. Missouri
- In Missouri, the conservator is not required to provide for the care and maintenance of the protected person (individual whose funds are in the account), but has the power to do so. However, it may still be presumed, absent evidence to the contrary, that the funds in a conservatorship or "blocked" account are available for the care and maintenance of the protected individual. Even though the conservator may not choose to use the funds for the care and maintenance of the protected person, he retains the power to do so. Thus, the funds are available for such use.
- D. Nebraska
Nebraska law requires that funds in conservatorship or "blocked" accounts be made available for the care and maintenance of the individual whose funds are in the account.- Nebraska law requires that funds in conservatorship or "blocked" accounts be made available for the care and maintenance of the individual whose funds are in the account. 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.
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