CFR > Title 25 - Indians > CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR > SUBCHAPTER G—FINANCIAL ACTIVITIES (parts 101 to 143) > PART 115—TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS > SUBPART E—IIM Accounts: Hearing Process for Restricting an IIM Account (§115.600 to §115.620) > 115.601—Under what circumstances may the BIA restrict your IIM account through supervision or an encumbrance?

115.601—Under what circumstances may the BIA restrict your IIM account through supervision or an encumbrance?

(a) The BIA may restrict your IIM account through supervision if the BIA:
(1) Receives an order from a court of competent jurisdiction that you are non-compos mentis; or
(2) Receives an order or judgment from a court of competent jurisdiction that you are an adult in need of assistance because you are “incapable of managing or administering property, including your financial affairs;” or
(3) Determines through an administrative process that you are an adult in need of assistance based on a finding by a licensed medical or mental health professional that you are “incapable of managing or administering property, including your financial affairs;” or
(4) Receives information from another federal agency that you are under a legal disability and that the agency has appointed a representative payee to receive federal benefits on your behalf.
(b) The BIA may restrict your IIM account through an encumbrance if the BIA:
(1) Receives an order from a court of competent jurisdiction awarding child support from your IIM account; or
(2) Receives from a third party:
(i) A copy of the original contract between you and the third party in which you used your IIM funds as security/collateral for the transaction;
(ii) A copy of the document showing that the BIA approved in advance the use of your IIM funds as security/collateral for the contract;
(iii) Proof of your default on the contract according to the terms of the contract; and
(iv) A copy of the original assignment of IIM income as security/collateral for the contract that is signed and dated by you and is notarized;
(3) Receives a money judgment from a Court of Indian Offenses pursuant to 25 CFR 11.208 or under any tribal law and order code;
(4) Is provided documentation showing that BIA or OTFM caused an administrative error which resulted in a deposit into your IIM account, or a disbursement to you, or to a third party on your behalf; or
(5) Is provided with proof of debts owed to the United States pursuant to § 115.104 of this part.