39-789. Persons unable to give consent for transfers eligible for assistance under act; court order of maintenance, conservatorship or property and income division required.
39-789
39-789. Persons unable to give consent for transferseligible forassistance under act; court order of maintenance, conservatorship orproperty and income division required.Assistance shall not be withheld from any institutionalized person or anyperson seeking home and community based services who would otherwisequalify for assistance under this act but who, by reason ofbeing a disabled person asdefined by K.S.A. 77-201, and amendments thereto, isunable to give theconsent prerequisite to the property and income transfers described in thisact, provided that the spouse of the individual seeking assistance seeks acourt order of maintenance, an order of conservatorship or of property andincome division pursuant to this act within one year from the beginning ofthe first benefit period.
History: L. 1988, ch. 143, § 5;L. 2002, ch. 114, § 54; July 1.