37.82.1338    INSTITUTIONALIZED SPOUSE, TRANSFER OF RESOURCES TO COMMUNITY SPOUSE

(1) Within 90 days of the initial eligibility determination or court order, or within any time period specifically required under the court order, an institutionalized spouse must irrevocably transfer resources:

(a) to or for the sole benefit of the community spouse resources which constitute the community spouse's resource allowance; or

(b) to or for the sole benefit of the community spouse or a family member, if such transfer is pursuant to a court order.

History: Sec. 53-6-113, MCA; IMP, Sec. 53-6-131, MCA; NEW, 1991 MAR p. 54, Eff. 1/18/91; TRANS, from SRS, 2000 MAR p. 476.