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Page 8 of 11 § 10:71-4.4 Excludable resources Assets held by a 1999 trust granted by a nursing home resident who applied for Medicaid benefits in 2013 were treated as resources of the resident that were properly considered in determining whether her resources exceeded the eligibility ceiling. The fact that the trust permitted the resident to withdraw any amount that she wished provided that she replaced those assets within 24 hours rendered the trust assets "available" to the resident even if the condition on the withdrawal - which was that the assets be replaced within 24 hours - could not be satisfied. Because that provision created a "circumstance" under which the resident could access trust assets, the trust corpus was an available resource for purposes of Medicaid eligibility. L.L. v. Ocean Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 3611-14, 2015 N.J. AGEN LEXIS 393, Initial Decision (July 22, 2015). Widow whose son wrongfully converted the proceeds from the sale of her house to his own benefit contrary to his fiduciary duty won a ruling that such proceeds were "inaccessible" and "unavailable" to the widow due to no fault of her own. The prior determination of a county board of social services to impose a penalty on the sale of the home had been rendered moot by intervening court action, and it was appropriate to remove the penalty and to grant a hardship waiver. M.M. v. DMAHS and Passaic Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 08333-13, 2015 N.J. AGEN LEXIS 391, Initial Decision (July 15, 2015). Determination by the Division of Medical Assistance and Services (DMAHS) and a county Board of Social Services denying an application for Medicaid filed on behalf of an elderly women who had dementia and resided in a nursing home based on her joint ownership, with an adult son who was permanently disabled, of stock valued at $ 89,309.28 was unsupported by the evidence and properly rejected. The son, a permanently incapacitated adult who permanently resided in a VA hospital, was totally blind, had no recollection of his mother being alive, and refused to sign any documents relating to the stock. Given the son's condition, it could not be said that the assets at issue were accessible to the mother because she had no power to liquidate them without her son's approval, and thus the stocks could not be included as countable resources of the applicant according to governing regulations. To the extent that the determination of ineligibility relied on the existence of the stocks, it was incorrect, and the applicant was entitled to an order granting her application for Medicaid. F.F. v. DMAHS and Union Cty. Bd. of Social Servs., OAL DKT. NO. HMA 00793-15, 2015 N.J. AGEN LEXIS 318, Initial Decision (June 3, 2015). Applicant for Nursing Home Medicaid (NHM) was improperly denied eligibility on the ground that her resources of $ 6,725.44 from several bank accounts exceeded the $ 2,000 Medicaid eligibility limit. Specifically, an investment account holding $ 5,658.88 should not have been counted as a resource of the applicant notwithstanding that her name was listed as a joint tenant thereon because the applicant's daughter, who was the source of all deposits into that account, credibly testified that she had added her mother's name to the account at a time when she was residing with her mother; and that her mother was currently an "incapacitated" person and the daughter had been appointed as her mother's temporary guardian. The daughter's testimony was forthright, sincere and uncontroverted. Given that fact and given the further fact that the mother's incapacity foreclosed her from independently accessing the investment account, the funds held therein should not have been counted as the mother's resources for purposes of NHM eligibility. F.J. v. Camden Cty. Bd. of Social Servs., OAL DKT. NO. HMA 15125-14, 2015 N.J. AGEN LEXIS 261, Initial Decision (April 30, 2015). County Board of Social Services (CBSS) acted properly when it determined that an applicant was not eligible for institutional Medicaid for the months of December 2013 and January and February 2014 due to the fact that she possessed resources that exceeded $ 2,000. The applicant argued that $ 10,524 cash value of a life insurance policy was not a resource within the meaning of the relevant regulations because it was used to reimburse her son for funds he expended to purchase a cemetery plot for the applicant and to fund an irrevocable funeral trust. However, such resources were countable because they exceeded the limits on such life insurance policies and burial funds. In sum, because the applicant had countable resources in excess of $ 2,000 and had received the maximum allowed credit of $ 1,500 for burial expenses, the CBSS had acted properly in determining that the applicant was ineligible in the cited months. L.H. v. Hudson Cty. Bd. of Social Servs., OAL DKT. NO. HMA 05597- 14, 2015 N.J. AGEN LEXIS 167, Initial Decision (March 24, 2015). Life insurance policy owned by an applicant for Medicaid Only was a "countable" resource for the purpose of determining the applicant's eligibility for benefits. Because inclusion of the cash surrender value of the policy with