Burial spaces owned by the applicant or recipient are excluded from resources if intended for use by any of the following individuals:

1. (1) The applicant or recipient and the applicant's or recipient's spouse;
2. (2) The applicant's or recipient's minor and adult children, stepchildren, and adopted children; or

3. (3) The applicant's or recipient's brothers, sisters, parents, adoptive parents, and the spouses of these persons.

   Burial spaces include gravesites, crypts, mausoleums, urns or other repositories, caskets, concrete vaults, and grave markers. If burial space items are listed in a contract for services for a future need, these are classified as burial funds under § 67:46:05:45.

Source: 9 SDR 133, effective April 27, 1983; transferred from § 67:16:20:29, effective August 23, 1992.

General Authority: SDCL 28-6-1.

Law Implemented: SDCL 28-6-1.