This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:36 GMT

TITLE 1 - ADMINISTRATION
PART 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 358 - MEDICAID ELIGIBILITY FOR THE ELDERLY AND PEOPLE WITH DISABILITIES
SUBCHAPTER C - FINANCIAL REQUIREMENTS
SECTION/RULE §358.327 - Transactions Involving Agents
Chapter Review Date 07/31/2024

(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.

Source Note: The provisions of this §358.327 adopted to be effective September 1, 2009, 34 TexReg 5497.

View Official Rule