SI SEA01140.215 Conservatorship Accounts (RTN 01, 07/2011)
See SI 01140.215
SI 01140.215 defines "conservatorship accounts" as financial accounts where a court has appointed an individual to manage the account for the owner. These accounts, also referred to as "guardian accounts" or "blocked accounts,” are created for minors and legally incompetent adults. State statutes in Alaska, Idaho, Oregon and Washington authorize legal guardians to manage the accounts.
State statutes in all four states require that funds held in such an account be made available for the care and maintenance of the account owner, even if court permission is needed for the release of funds from the account.
In Alaska, Idaho, Oregon and Washington, assume, absent evidence to the contrary, that funds in a conservatorship account are available for the support and maintenance of a child or legally incompetent adult. This means that these accounts are countable resources for SSI purposes.
If any evidence raises a question about how to treat the account, contact the SSI Programs and Systems Team at the Seattle Regional Office. Evidence to the contrary could be a statement from the court denying a petition for release of funds from the account for care and maintenance. If a guardian alleges that a court has already denied a request for release of funds for support of the owner, ask for evidence of that denial.
In Washington, a court order is required for release of funds from a conservatorship account. However, this requirement does not alter the assumption that such funds are available for the support and maintenance of the minor or incapacitated person.
NOTE: For information about Alaska Permanent Fund Dividend (PFD) payments to minors in foster care that are held in a “trust account,” see SI SEA00830.510B.
C. State Law
Following is a list of applicable state statutes covering the use of funds by a guardian:
Alaska Statute 13.26.070(2), 13.26.150(c) , 13.26.150(c)(6) and 13.26.285(a)(2)
Idaho Code 15-5-209(b), 15-5-312(1)(f), 15-5-425(a)(2)
Oregon Revised Statue 125.315(1)(e), 125.315(1)(f)
Washington Revised Code 11.92.043(4) and 11.92.035(1)