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Aged, Blind and Disabled Manual Section: Financial Eligibility Requirements Policy Manual Number: 110.060 Chapter: ABD Inaccessible Resources Legal Authority: 20 CFR 416.120; 20 CFR 416.1245 1. Policy Statement A resource may be considered inaccessible if: • An individual cannot legally access the value of the resource beyond her control and, unless undue hardship exists, all legal avenues have been exhausted in order to access the value of the resource; or • An individual is unable to sell an asset due to limited use rights, mental impairment or due to conditions of joint ownership; or • The resource is jointly owned real property AND sale of the property would result in the joint owner being homeless; or • An individual is unable to locate a buyer for the asset, the conditional assistance period has expired, and the individual continues reasonable to sell the property; • The value is unavailable due to a lien against the asset; or • The asset’s value is not accessible to the individual due to litigation. 2. Limited Use Rights If the individual has only limited use rights to a piece of real property such as lifetime occupancy or dower rights, he is not able to sell the property; however, he can sell his use rights. Exclude the equity value due to inaccessibility in determining countable resources if the individual can demonstrate unsaleability by providing written statements from two licensed real estate agents substantiating that, in their professional opinion, the life estate (or other use rights arrangement) is unsaleable. Note: Record in case notes the verbal statements of those in a position to know if they refuse to give a written statement or to sign a written statement.