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resource belonging to the a/b or a/b’s spouse unavailable, evaluate for transfer of assets. Evaluate at each application, redetermination and applicable change in situation. Refer to MA-2240, Transfer of Assets. E. Applicant/Beneficiary Defrauded When it is determined that an a/b has been defrauded, i.e., the legal guardian/POA has taken an asset but refuses responsibility for the consequences, make a referral to Adult Protective Services for investigation. 1. Determine eligibility, excluding the assets in question. 2. Refer to MA-2240, Transfer of Assets, to determine how fraud affects the a/b’s eligibility. F. Marital Separation, Prenuptial, and Postnuptial Agreements The terms of these agreements do not take precedence over Medicaid availability rules. Count the resources according to policy in IV. A. through E. EXAMPLE: A prenuptial agreement specifies that savings and property owned by Mrs. Jones prior to marrying Mr. Jones are unavailable to him. This agreement does not matter should Mr. Jones apply for Medicaid. Count Mrs. Jones’ assets when determining eligibility. G. Documentation Attempt to obtain a copy of existing legal documents related to availability. These documents provide leads and help determine ownership interest or legal right to sell. The following chart lists types of documents and their possible effect on availability for determining Medicaid eligibility. Documentation Possible impact on availability Separation agreement, Prenuptial agreement, Postnuptial agreement No impact – follow Medicaid rules. Divorce decree with property If a/b’s ownership interest is taken away by a settlement, divorce decree, the asset is unavailable. Will Liquid and personal property assets are unavailable until released by the Clerk of Court. Deed A signed deed is a valid document to consider for availability of real property. A deed of gift must be registered within two years from the date it is signed to remain valid. See VII.C.3. Only the court can “set aside” a valid deed. Court Orders Refer all court orders which contradict availability rules to 17