Statutes, codes, and regulations
South Dakota Administrative Rules
Title 67 - Department of Social ServicesArticle 67:46 - Eligibility for medical services
Chapter 67:46:05 - Long-term care resource requirements
Section 67:46:05:32 - Trust considered a resource

S.D. Admin. R. 67:46:05:32

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Current through Register Vol. 51, page 57, November 12, 2024
Section 67:46:05:32 - Trust considered a resource

If the individual, the individual's spouse, or someone, including a court or administrative body, authorized to act on behalf of the individual or the individual's spouse has the legal power to dissolve the trust or invade the principal and use the proceeds, the principal of the trust is considered a resource.

S.D. Admin. R. 67:46:05:32

2 SDR 74, effective 5/13/1976; 5 SDR 109, effective 7/1/1979; 7 SDR 23, effective 9/18/1980; 7 SDR 66, 7 SDR 89, effective 7/1/1981; 17 SDR 187, effective 6/3/1991; transferred from

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.

Consideration of revocable and irrevocable trusts, § 67:46:05:32.02. Trusts excepted from consideration as a resource, § 67:46:05:32.03. Income from trust, § 67:46:04:16.