Sec. 50549.3 - Guardian and Conservator Fees

ยง 50549.3. Guardian and Conservator Fees

(a) Reasonable court approved guardian/conservator fees shall be allowed as a deduction to the unearned income of an aged, blind, or disabled medically needy person if all of the following conditions are met:

(1) The fees are paid to a court-appointed guardian or conservator of an individual who has been declared by a court to be substantially unable to manage his/her own financial resources and then only to the extent the fees are actually owed in the month in which the payment is made.

(2) A court-appointed guardian or conservator is required by the entity paying the unearned income as a condition of rendering payment to incompetent persons.

(3) The guardian or conservator provides a signed statement from the entity making such payment verifying the requirement set forth in (a)(2).

(b) Payments rendered by the Social Security Administration or other entity to incompetent persons which may be made to a representative payee or other similar individual regardless of guardian/conservator status, shall not be considered to meet the conditions specified in subsection (a)(2).

(c) When the conditions set forth in subparagraph (a) are not met, the unearned income of an aged, blind, or disabled medically needy person which is used to pay reasonable or court ordered guardian/conservator fees shall be considered available in accordance with section50513.

(1. New section filed 11-2-90 as an emergency; operative 11-2-90 (Register 90, No. 50). A Certificate of Compliance must be transmitted to OAL by 3-4-91 or emergency language will be repealed by operation of law on the following day. 2. Certificate of Compliance as to 11-2-90 order including amendments transmitted to OAL 3-1-91 and filed 4-1-91 (Register 91, No. 16).)

Note: Authority cited: Sections 10725, 14124.5(a) and 14154.2(b), Welfare and Institutions Code; 42 CFR Section 435.831; and 42 U.S.C. Section 1396a(r). Reference: 20 CFR Sections 416.601 and 416.1123(b)(3); 42 U.S.C. Section 1383(a)(2)(A).

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