37.2.526    OPENING OF ACCOUNTS: QUALIFICATIONS

(1) An account may be opened by or on behalf of an eligible individual who is a resident of Montana or a resident of a state that has entered into a contract with Montana to provide its residents access to the program.

(2) An eligible individual or the eligible individual's legal guardian or agent under a power of attorney may open an account for the benefit of the eligible individual by:

(a) completing an application and a participating trust agreement supplied by the program manager;

(b) making the minimum contribution required by the program manager; and

(c) paying the one-time application fee.

(3) The application or participating trust agreement must include:

(a) the name, address, telephone number, and social security number or employer identification number of the contributor;

(b) the name, address, telephone number, and social security number of the eligible individual who will be the designated beneficiary and account owner;

(c) the designation of the financial institution with which the funds in the account will be invested;

(d) the certification relating to no excess contributions adopted by the department;

(e) the designation of the type of account to be opened if more than one type of account is offered;

(f) the certification that money in the account will be used solely to save for and to pay for the account owner's qualified disability expenses;

(g) the certification that the account will not be used or pledged as security for a loan;

(h) copies of documents establishing a legal guardianship or power of attorney if the account is established by a legal guardian or individual acting pursuant to a power of attorney; and

(i) any other information the department requires.

(4) Unless required by federal law or regulation, money in any account may not be counted as a resource in determining eligibility for an assistance program operated under Title 53, MCA, or any other federal, state, or local government means-tested program.

History: 53-25-104, MCA; IMP, 53-25-109, 53-25-120, MCA; NEW, 2016 MAR p. 1575, Eff. 9/3/16.