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Special rules may apply to how a person’s resources are counted when:
· The person is a ward and the agent has access to the person’s resources; or
· The person acts as an agent and has access to someone else’s resources.
In general, the resources are still considered the ward’s, even though the agent has access to them. They are not the agent's resources, since the agent does not own them and only uses them for the ward’s benefit. In many cases the ward’s resources cannot legally be used for the agent’s benefit. An action taken by the agent is treated the same as an action taken by the ward.
An agent may be holding resources owned by the ward. In this situation, the title must clearly show the ward’s ownership interest, and that the agent is acting in a fiduciary capacity. If the title does not accurately show the ward’s ownership interest, it must be corrected.
If the title is not corrected, the resource is counted as available to the ward based on the ownership interest listed on the current title. For example, if the title does not list the ward as an owner at all, the resource is not counted as available to the ward. However, the change in ownership must be reviewed as a transfer (MA900). See Ownership Involving an Agent Examples.
In general, even though the agent has access to a ward’s resources, they are not considered available to the agent. However, if the title of a resource belonging to the ward incorrectly lists the agent as an owner and is not corrected, the resource is counted as available to the agent based on his or her ownership interest.
Term |
Definition |
Agent |
A person or organization acting in a fiduciary capacity on behalf of another person. The term "agent" applies whether the authorization is formal or informal, and includes power of attorney, representative payee, conservator, or guardian. |
Fiduciary |
A person legally appointed and authorized to manage the income and resources for the benefit of another person rather than for his or her own profit. |
Ward |
The person for whom an agent has authority to act. This term is not limited to "ward" in the legal sense. |
Proof of ownership or an agent’s fiduciary capacity includes:
· Title documents;
· Financial account statements; and
· Receipts and other records showing how the customer’s assets have been used.
The agent/ward relationship between a customer and another person or organization must be clearly proven. Proof of the agent/ward relationship includes:
· Court documents showing appointment of a guardian or conservator;
· Power of Attorney;
· Records appointing or listing a Representative Payee.
Program |
Legal Authority |
ALTCS |
42 USC 1382b 20 CFR 416.1201 20 CFR 416.1208 |