1 Tex. Admin. Code § 358.327 - Transactions Involving Agents
(a) An
action by a fiduciary agent is the same as an action by the person for whom the
fiduciary agent acts.
(1) An asset held by a
fiduciary agent for another person is not a countable asset to the fiduciary
agent.
(2) An asset held by a
fiduciary agent for another person is a countable asset to the person for whom
the fiduciary agent acts, unless otherwise excludable.
(b) A person's resources are available if the
resources are being managed by a legal guardian, representative payee, power of
attorney, or fiduciary agent. If, however, a court denies a guardian or
fiduciary agent access to the person's resources, the resources are not
considered available to the person.
(1) If a
person's guardianship papers do not show that a legal guardian is prohibited
access, and if the court has not subsequently ruled a prohibition, the
resources are considered available.
(2) A guardian's routine need to petition the
court for permission to dispose of a person's resources is not a
prohibition.
(3) When the court
rules on a petition to dispose of a person's resources, resources are
considered available only to the extent to which the court has made the
resources available for the person's benefit.
Notes
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