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incompetence, appointment of a guardian, and, for real property, court approval of sale if: a. A written statement as described in VI.D.1.c., below, from a knowledgeable source supports the allegation of incompetence, and b. The a/b is allegedly incompetent for a period of at least 30 consecutive days or until his death (whether or not 30 days has elapsed since the period of incompetence began), and NOTE: If applicant has not yet been incompetent for 30 days hold application for the 30 day period. c. The resources cannot be accessed on behalf of the a/b because: (1) He has no legal representative/guardian/durable POA, or (2) His legal representative/guardian/durable POA is unable, fails, or refuses to act to make the resources available. 2. Incompetency for Medicaid eligibility purposes may be: a. Alleged by someone who is in a position to know, as indicated in VI.D.1.b., below, or b. Formally declared by a North Carolina court. 3. Incompetency may be alleged at any time including, but not limited to: a. During the application/redetermination process, or b. When an a/b receives new resources, or c. When unreported resources are discovered, or d. When a change in situation causes a previously exempt resource to become countable, or e. When the value of a resource increases; or f. When the a/b’s medical condition changes. 4. Exclude otherwise countable resources of an allegedly incompetent individual if a representative has not been previously established who is legally authorized to act on the incompetent individual’s behalf in legal matters, including accessing his resources. 5. For purposes of Medicaid eligibility, a formal judgment of incompetence is not required if the a/b has previously executed a valid durable power of attorney and 24