Under Alabama law, a conservator may expend or distribute income or principal of the estate without court authorization or confirmation for the health, support, education, or maintenance of the protected person and dependents. In addition, a conservator must expend or distribute sums reasonably necessary depending on the specific circumstances of the protected person, including the protected person’s accustomed standard of living.

Thus, based on Alabama law, SSA may assume that funds in the conservatorship can be made available for the support and maintenance of the SSI claimant or recipient and are a countable resource.

Based on Florida law, do not assume the funds are available for support and maintenance of the SSI claimant or recipient. Review the court order/initial plan to determine the scope of authority granted by the court. The review should determine if the funds in conservatorship account is available for support and maintenance of the SSI claimant or recipient, and is a countable resource.

Based on Georgia law, assume that the funds in the conservatorship can be made available for the support and maintenance of the SSI claimant or recipient and is a countable resource. However, obtain the court order granting the conservatorship to check for any restrictions on the disbursement of the assets of the minor or ward.

Based on Kentucky law, assume that the funds in a conservatorship account can be made available for the support and maintenance of the SSI claimant or recipient and is a countable resource. However, obtain the court order granting the conservatorship to check for any restrictions on the disbursement of the assets of the minor or ward.

Based on Mississippi law, do not assume the funds in a conservatorship account are available for the support and maintenance of the SSI claimant or recipient. Review the court order establishing the conservatorship and any subsequent court orders concerning the authority of the conservator to use the funds of the SSI claimant or recipient. The review should determine if the funds in conservatorship account is available for support and maintenance of the SSI claimant or recipient, and is a countable resource.

Based on North Carolina law, assume that funds under conservatorship are available for the support and maintenance of the SSI claimant or recipient, and is a countable resource.

Currently in South Carolina, a guardian/conservator may expend or distribute sums from the principal of an estate without court authorization or confirmation for the support, education, care, or benefit of the protected person and the person's dependents.

Beginning January 1, 2019, a guardian serving as a fiduciary, is obligated to apply the money for the benefit of the minor/incapacitated person, but the court must explicitly set forth the rights and powers vested in the conservator.

Thus, based on South Carolina law, through December 2018, assume that the funds in a conservatorship account can be made available for the support and maintenance of the SSI claimant or recipient and is a resource. Beginning in January 2019, obtain the court order granting the conservatorship to check for any restrictions on the disbursement of the assets to the claimant or recipient.

Based on Tennessee law, do not assume the funds in a conservatorship account are available for the support and maintenance of the SSI claimant or recipient. Review the letters of conservatorship and court order(s) to determine the scope of authority granted to the conservator by the court. The review should determine if the funds in conservatorship account is available for support and maintenance of the SSI claimant or recipient, and is a countable resource.