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Chapter: 1600 Assets Program: TCA 31 3. medical reasons (applicant/recipient or other member of AG is hospitalized or otherwise unable to take care of business).

If good cause exists, a partial eligibility review must be set for two months in the future (and every two months as needed) to check on the progress of the petition, as long as a good faith effort is being made by the applicant/recipient to obtain a decision from the court. The trust will continue as an excluded asset until a decision is reached.

If at the end of the 90 day period, the applicant/recipient has not yet petitioned the court and/or cannot demonstrate good cause, the asset will be considered available.

If the applicant/recipient does not respond to the request for the status of the petition/proof of good cause, ongoing eligibility for assistance cannot be determined and the assistance must be closed, allowing ten days advance notice.

Refer to passage 1620.0575.03 for information regarding the decision of the court on availability of a trust. 1620.0575.03 Court Decisions - Trusts (TCA) The action the eligibility specialist takes upon learning of the court decision on availability of a trust to meet the current needs of a member of the SFU/AG depends on whether it will be considered unavailable or available.

If the trust is determined by the court to be unavailable, the value of the trust will be excluded as an asset. Further, any interest earned on the trust that remains in the trust is excluded as income.

If the trust is determined by the court to be available, the value of the trust must be considered as an asset beginning with the month the court decision is reached. If this causes ineligibility, the AG must be closed the next possible month allowing 10 days advance notice. Overpayment will not be reported in this situation, if timely action is taken. 1620.0577 Real Property (TCA) Real property includes assets (in which an individual has ownership interest) that fall into the following categories any real estate owned by the individual or couple, and income producing property. 1620.0578 Real Estate (TCA) Real estate that is not a homestead and does not involve life estate is included as an asset.

Otherwise non-excluded real property that an individual or family is making a good faith effort to sell can be excluded. Refer to passage 1620.0541.01 for good faith effort policies.

Information containing the name of owner, legal description, amount of indebtedness and to whom owed, and the assessed value is required verification. Sources of verification include deeds in possession of parent or relative, liens in personal possession, county property records, or contract with lien holder. 1620.0580 Value of Real Property (TCA) The county tax assessment of the property (minus any debts) is used to determine the ownership and value of the property.