6-002.06B1 Unavailability of Resource
Regardless of the terms of ownership, if it can be documented in the case record that the resource is unavailable to the former ward, the value of that resource is not used in determining eligibility. The worker must consider the feasibility of the former ward's taking legal action to make the resource available. If the worker determines that legal action can be taken, the worker must allow the former ward 60 days to initiate legal action. After 60 days, if legal action has not been initiated, the resource is counted. The resource is not considered available until the legal action is completed.
In evaluating the availability of benefit funds, such as funds raised by a benefit dance or auction, the worker must determine the purpose of the funds and if the former ward has access to them.
The worker must determine a reasonable period of unavailability based on the circumstances of the case. The worker must monitor the status of the resource.