2-009.07A6e Guardianships/Conservatorships

When a fund is established in the process of the appointment of a guardianship or conservatorship, the worker must determine if the funds are available without court approval. The client is ineligible for categorical assistance until the guardian gives the local office written notice of refusal to spend guardianship/conservatorship monies for the care and maintenance of the client. In order to be considered current notice, it must be given within one year of its use in determining eligibility for categorical assistance. After current notice has been given, the client, if otherwise eligible, may receive benefits if all judicial remedies are pursued to determine the availability of the funds. This may include an appeal to the proper district court and, if necessary, to the Court of Appeals and the Nebraska Supreme Court. However, certain guardianships/conservatorships are not reasonably available and judicial review may be waived; these include some guardianships/conservatorships where the guardian or conservator’s discretion is limited and certain guardianships/conservatorships established from the proceeds of a personal injury case on behalf of a child.

The client or his/her guardian/conservator must file a request for access to the funds in a court of competent jurisdiction within:

1. For an applicant, 60 days from the approval date;

At the time the case is approved, give the client and the guardian or conservator a notice of the 60-day time limit.

2. For a recipient, 60 days from the date of notification of the requirement to file for access.

On the notice, specify that the Department (HHS General Counsel) must receive proper notice of any hearing to be held on the request for access to the funds.

If the petition or application has not been filed after 60 days, the client is no longer eligible for AABD/MA or SDP/MA.

{6/18/2001}