Page 2

Aged, Blind and Disabled Policy Manual Number: 110.060 Section: Financial Eligibility Requirements Chapter: ABD Inaccessible Resources August 01, 2024 TennCare 2 3. Individual’s Mental Impairment (applicable to non-liquid resources only) a. General Rule If the individual has a guardian, conservator, power of attorney or durable power of attorney at the time of application or renewal, the assets of the individual are considered available to the individual. That person is legally appointed to act on behalf of the individual and is expected to make the individual’s assets available for use by or for the care of the individual. If the individual’s mental impairment precludes her negotiating the sale of an asset, and she has no guardian or conservator to act on her behalf, exclude the asset as unavailable under certain conditions. It is not necessary that the individual be adjudicated incompetent by a court of law. If, in the Eligibility Specialist’s opinion or that of the responsible party or person in a position to know the facts of the individual’s situation, the individual is mentally impaired, apply the provision of this policy. b. Individual’s Mental Impairment at Application i. Temporary Exemption Exclude the asset as unavailable for up to 3 months from approval date if the individual or the person applying on his behalf agrees to the following: • Take steps to be appointed guardian or to contact the individual’s friends and relatives regarding their willingness to serve as the individual’s guardian/conservator; • See that the individual who agrees to serve takes immediate steps toward appointment; AND • To provide HCFA with substantial documentation of his action and that of the guardian designee. If the individual or responsible party is unable to perform the above-cited tasks, he must provide the names and addresses of individuals who might be willing to serve as the individual’s guardian. The HCFA Eligibility Specialist accepts the responsibility for contacting the named individuals in an effort to locate someone willing to act as guardian. Contact each of the individuals by telephone or by mail explaining the situation and requesting their assistance in securing a guardianship for the individual for the purposes of making available assets which the applicant needs to meet his medical needs. Document the case thoroughly.