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UNOFFICIAL 1725.1-7

determined by subtracting all encumbrances from the market value verified by the purchasing cemetery; (10) Value of funeral plans not exempt in subsection 17-1725.1-26(9) shall be determined by subtracting all encumbrances from the original purchase price; (11) Equity in personal property, such as jewelry, watercrafts or air transportation vehicles not exempt in subsection 17-1725.1- 26(3); (12) Equity in real property, not used as the family home, that is not exempt in section 17-1725.1-35 or section 17-1725.1-36; (13) Moneys or assets in an irrevocable trust fund established on or before August 10, 1993 if there is the opportunity to remove legal impediments to gain access to the available assets of the trust. Proof of irrevocability of the trust or evidence of legal impediments to acquiring access to the assets of the trust fund must be provided. Medical assistance shall be provided to an otherwise eligible individual while legal or other impediments to the potential availability of the assets are being removed, or title is being cleared on the condition the individual submits a plan of action within thirty days of the date of application to remove such legal or other impediments to current availability. (A) Failure to meet the deadline shall disqualify the individual from receiving further medical assistance. Benefits received thereafter shall constitute an ineligible payment recoverable by the department; (B) The department shall periodically review the submitted plan of action or failure to take appropriate action shall disqualify the individual from further medical assistance;