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(4) The basis for the knowledge or opinion of the individual alleging the incompetence. 2. Exclude Resources Exclude all resources, beginning with the first month for which assistance is requested: a. For all months that the evidence as defined in VI.D.1.b.& c., above, clearly shows that the a/b was incompetent, or b. Until one of the following occurs: (1) A North Carolina court rules that the a/b is incompetent and appoints a guardian of the estate or general guardian, and, in the case of real property, court approval of a sale has been obtained (See VI.D.6.b.), or (2) The court rules that the a/b is not incompetent, or (3) The court dismisses the case because of the death or recovery of the a/b. 3. Requirement to Formally Establish Incompetence Inform the a/b’s family or representative that steps must be taken to establish the a/b’s incompetence formally in a North Carolina court. If the a/b’s representative states that he is willing and able to act on the a/b’s behalf, explain that: a. All documents and petitions necessary to have the a/b formally declared incompetent must be filed with a North Carolina court in order to have a guardian of the estate or general guardian appointed by the court, and b. The necessary legal documents must be filed with the court within 30 calendar days of the latter of: (1) The date of application for Medicaid, or (2) The discovery of a previously unreported resource or receipt of a new resource in an ongoing case. 4. Referral for Guardianship Services Refer the case to the county dss director’s designee in the services unit at any point that the a/b’s representative: a. Requests guardianship services, or b. If the family or representative pursues guardianship, but only guardian of person is appointed, or 26