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month immediately following the month in which the Court issues an “Order Confirming Sale”, unless the guardian has taken steps to exclude it by converting it to an exempt resource. (3) The “Order Confirming Sale” is a document issued to the guardian authorizing final sale of the property and must be signed by the Clerk of Court and a Superior Court Judge. It is only issued after a sales contract has been executed and no further bids have been received during a period of time allowed by the Court. 7. Failure of Legal Guardian to Act a. If a legal guardian fails to access liquid resources or fails to begin the process to access real property for the a/b’s use within 30 calendar days of appointment, make a referral to the county director’s designee. b. The county director’s designee must: (1) Determine if the guardian is acting in the a/b’s best interests, and (2) Inform the IMC either that the present guardian is acting in the a/b’s best interests or that a new guardian must be appointed. c. The director’s designee must make a referral to the Clerk of Court for intervention if he determines that the a/b’s interests are not being served or are questionable. d. Continue to exclude the resources until the Clerk of Court acts to appoint a new guardian. e. Count the resources as described in VI.D.2.b., above, if the director’s designee determines that the a/b’s best interests are being served or if the Clerk of Court appoints a new guardian. 8. Documentation a. File copies of the durable power of attorney and/or order of guardianship in the a/b’s case record. b. File copies of documents to show that all required steps have been taken to establish formal guardianship and that the guardian has taken the necessary actions to make the a/b’s resources available. 9. Computation of Countable Resources a. Exclude all resources for any month or portion of a month for which assistance is requested and there is documentation that the a/b is not competent to access his resources. 28