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Chapter: 1600 Assets Program: MSSI, SFP 13

the evidence presented. An individual may be restricted by law from disposing of owned assets. If an asset is unavailable due to legal restrictions, it is not considered an includable asset. Additional guidance can be requested from the Region or Circuit Program Office, Circuit Legal Counsel or Headquarters through the Region or Circuit Program Office. 1640.0318 Legal Restrictions to Availability (MSSI, SFP) When there is a need for legal interpretation to determine the legal availability of an asset, clearance must be made with the Circuit Legal Counsel. 1640.0319 Comatose Individual (MSSI, SFP) Any asset owned by a comatose individual will be excluded when there is no known legal guardian or other individual who can access the asset. 1640.0320 Legally Incompetent Individuals (MSSI, SFP) Under the Florida Guardianship Law, only a guardian of the property is authorized to dispose of assets on behalf of a legally incompetent individual. Until a legal guardian is assigned, real property owned by a legally incompetent individual is not available.

Liquid assets (for example, patient fund accounts and checking accounts) are included as available if the individual has free access to the funds.

If a legal guardian must petition the court in order to dispose of the individual's property, the asset is still included for the individual. The fact that the guardian must petition the court does not make the property an unavailable asset. 1640.0321 Assets Unavailable - Circumstances Beyond Control (MSSI, SFP) Assets unavailable due to circumstances beyond the individual's control are not considered in the determination of eligibility.

The individual must present convincing evidence to prove the asset is unavailable to him due to circumstances beyond his control. The eligibility specialist will make an independent assessment of the availability based on the evidence presented. Additional guidance can be requested from the Region or Circuit Program Office, Circuit Legal Counsel, or Headquarters through the Region or Circuit Program Office. 1640.0400 GENERAL DETERMINATION OF ASSET VALUE (MSSI, SFP) The value of an individual's assets is based on the total value of the assets at the time they become available. In order to be eligible, an individual's assets must be within the program limits at the time of application disposition. 1640.0401 Time When Asset Value Affects Eligibility (MSSI, SFP) The point in time when an asset determination is made may depend on the program and whether the eligibility specialist is processing an application or conducting an eligibility review. Passages 1640.0402 through 1640.0405 describe program specific policy in this area. 1640.0402 Asset Eligibility (MSSI, SFP) Assets must be equal to or below program limits as of the application disposition date to be eligible for ongoing assistance. 1640.0405 When Asset Value Affects Eligibility (MSSI, SFP) Individuals who are eligible on any day of the month are eligible for the whole month.