Page 27

c. Is offered and accepts the assistance of the dss in filing the necessary legal documents, or d. States that he is unwilling or unable to file the necessary documents, or e. Refuses to participate or cooperate in the court proceedings required to make the resources available to the a/b, or f. Fails to take the necessary steps outlined in VI.D.3., above, within 30 calendar days of contact by the IMC regarding his responsibilities. NOTE: The County is to always pursue general guardian or guardian of the estate. 5. No Ruling of Incompetence Count resources at the beginning of the next month if: a. The court finds that the a/b is competent, or b. The court dismisses the case because of the death or recovery of the a/b, or c. The services unit determines that guardianship is not the appropriate alternative to meet the a/b’s needs. (1) Document the period of alleged incompetence, beginning and ending dates or date of death, as indicated in VI.D.1.c. above, or (2) Document that prior to the date of a finding of competence the a/b’s medical condition substantially improved. 6. Incompetence Is Established by the Court When a formal declaration of incompetence has been determined by a North Carolina court and a general guardian or guardian of the estate appointed, regard the resources as follows: a. Count liquid resources and personal property resources beginning with the first day of the month immediately following the month in which the legal guardian is appointed. b. Count real property resources only after the Court has given final approval for sale of the property. (1) Inform the guardian that he must petition the Clerk of Court for approval to dispose of or convert the real property resource. (2) Count the value of the real property resource on the first day of the 27