Rule 37.2.526 - OPENING OF ACCOUNTS: QUALIFICATIONS(1) An account may be opened by or on behalf of an eligible individual who is a resident of Montana or a resident of a state that has entered into a contract with Montana to provide its residents access to the program.(2) An eligible individual or the eligible individual's legal guardian or agent under a power of attorney may open an account for the benefit of the eligible individual by: (a) completing an application and a participating trust agreement supplied by the program manager;(b) making the minimum contribution required by the program manager; and(c) paying the one-time application fee.(3) The application or participating trust agreement must include: (a) the name, address, telephone number, and social security number or employer identification number of the contributor;(b) the name, address, telephone number, and social security number of the eligible individual who will be the designated beneficiary and account owner;(c) the designation of the financial institution with which the funds in the account will be invested;(d) the certification relating to no excess contributions adopted by the department;(e) the designation of the type of account to be opened if more than one type of account is offered;(f) the certification that money in the account will be used solely to save for and to pay for the account owner's qualified disability expenses;(g) the certification that the account will not be used or pledged as security for a loan;(h) copies of documents establishing a legal guardianship or power of attorney if the account is established by a legal guardian or individual acting pursuant to a power of attorney; and(i) any other information the department requires.(4) Unless required by federal law or regulation, money in any account may not be counted as a resource in determining eligibility for an assistance program operated under Title 53, MCA, or any other federal, state, or local government means-tested program.NEW, 2016 MAR p. 1575, Eff. 9/3/2016 AUTH: 53-25-104, MCA; IMP: 53-25-109, 53-25-120, MCA