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his attorney-in-fact is able and willing to act in the a/b’s behalf. See definition in B. above. a. Resources held by the incompetent a/b with a valid durable POA are considered available and countable, unless b. below applies. b. If the durable POA is unable or unwilling or otherwise fails or refuses to act on the a/b’s behalf to make the resources available, the resources are unavailable, but a legal guardian of the estate must be established for the a/b. See VI.D.1 and 4 below for procedures. 6. When the a/b has been formally declared incompetent by a North Carolina court and a guardian of the estate has been appointed by the court, resources are available under certain conditions described in procedures below. D. Procedures – Incompetence 1. Alleged Incompetence Inform the family member or representative of an a/b who may not be competent, including a public agency acting on the a/b’s behalf, that: a. Otherwise countable resources may be exempt for a certain period of time if the a/b is alleged to be 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 (1) The a/b does not have someone legally authorized to act on his behalf to access his resources, or (2) His legal representative/guardian/durable POA is unable, fails or refuses to act to make the resources available, and b. The alleged incompetence is supported by the written statement, or testimony at an incompetency hearing, by one of the following: (1) A physician, or (2) A nurse, social worker, or psychologist, and c. The statement/testimony includes (1) An explanation of the reasons the a/b is believed to be incompetent, such as medical conditions or diagnoses, and (2) The approximate onset of the alleged incompetence, and (3) Ending date of alleged incompetence, if the person has improved, and 25