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UNOFFICIAL 1725.1-29 (C) Unless restricted by will or deed, is able to sell his or her interest in the
physical property before the life estate interest expires but the market value of the remainder interest may be reduced as the sale is subject to life estate interest. (g) The individual's interest in real property shall not be considered available as an asset if a co- owner would be affected by the sale of the individual’s interest under the following: (1) The co-owner resides on the property; (2) The co-owner would have to move if the property was sold; and (3) The co-owner owns no other real property that could be used as the co-owner’s home property. [Eff 09/30/13] (Auth: HRS §346-53; 20 C.F.R. §§416.1201, 416.1245, 416.1246; 42 C.F.R §§435.230, 435.601, 435.840, 435.845) (Imp: HRS §346-53; 20 C.F.R. §§416.1201, 416.1245, 416.1246; 42 C.F.R §§435.230, 435.601, 435.840, 435.845)
§17-1725.1-35 Special provision for removal of legal impediments to availability. Medical assistance shall be provided to an otherwise eligible individual while legal impediments to the current availability of real property are being removed or title is being cleared based on the condition that the individual’s plan of action is submitted within thirty days of the date of request by the department to remove those legal impediments or to clear title. (1) Failure to meet the deadline shall disqualify the individual from receiving further medical assistance. (2) The department shall periodically review the status of the plan of action and determine whether a recipient's failure to take appropriate action shall disqualify the recipient from further assistance.