ARM 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.