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Aged, Blind and Disabled Policy Manual Number: 110.060 Section: Financial Eligibility Requirements Chapter: ABD Inaccessible Resources August 01, 2024 TennCare 4 • A guardian has not been located; or • Guardianship proceedings have begun but are not complete or the court has issued no instruction regarding the asset. ii. Initial Exclusion If the asset has not been previously excluded as inaccessible as described, but since the last renewal its equity value along with other countable assets results in the individual’s ineligibility, and the individual cannot dispose of the asset due to his mental condition, do not continue to extend TennCare Medicaid benefits until the asset’s inaccessibility has been substantiated as described above. Take action to close the case observing the adequate and advance notice requirements. Once the asset’s inaccessibility is verified and the individual has reapplied, benefits may be extended retroactively to the date of closure provided the individual is otherwise eligible. 4. Joint Ownership
a. General Rule If an asset cannot be sold or converted due to the conditions of joint ownership, exclude the individual’s equity value in determining resource eligibility. The individual’s equity value in a jointly owned asset can be excluded under the following conditions: • The resource is jointly owned with a person or persons who are not the individual’s Financially Responsible Relative (i.e., spouse or parent); and • The joint owner refuses to consent to the sale of the asset or to purchase the individual’s interest. • Even though the individual is free to sell his own individual interest in the property, he is unable to find a buyer. Note: Any portion of real property owned through “tenancy-in-common” or “joint tenancy” arrangements is available to each owner for sale or transfer without the consent of the other (joint) owner(s). b. Joint Ownership Policy at Initial Application Do not extend TennCare Medicaid benefits until the asset’s inaccessibility to the individual has been substantiated by the following: • The co-owner(s) written refusal to consent to the sale of the asset and to purchase the individual’s share, if applicable; or