25 C.F.R. § 115.601 Under what circumstances may the BIA restrict your IIM account through supervision or an encumbrance?
Title 25 - Indians
(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.
Title 25: Indians
PART 115—TRUST FUNDS FOR TRIBES AND INDIVIDUAL INDIANS
Subpart E—IIM Accounts: Hearing Process for Restricting an IIM Account
§ 115.601 Under what circumstances may the BIA restrict your IIM account through supervision or an encumbrance?