2-001.08B1 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 ward, the value of that resource is not used. The worker must consider the feasibility of the responsible person taking legal action to make the resource available. If the worker determines that legal action can be taken, the worker must allow the responsible person 60 days to initiate legal action. After 60 days, if the responsible person has not initiated legal action, the worker must contact the Legal Services Division.
For trust, conservatorship, or guardianship funds, see 479 NAC 2-001.08G1a and 2-001.08G1b.
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 ward has access to them. If the client cannot access the funds to pay normal maintenance needs, the funds are not considered available.
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.