Page 218

16.8.1.2 Non-Motorized Trailer Homes A non-motorized trailer home is considered real property, regardless of whether or not the member owns the land that it is on. Consider the non-motorized trailer home: 1. Home property (see SECTION 16.8.1 HOME/ HOMESTEAD PROPERTY) if the member currently lives in it or had lived in it before entering an institution. If the member owns the land that the non- motorized trailer home is sitting on, consider it and any other buildings on that land as part of the homestead. 2. Non-home real property if the member does not live in it or had not lived in it prior to entering an institution. If the non-motorized trailer home is listed for sale, it is considered unavailable (see SECTION 16.2 ASSETS AVAILABILITY). 16.8.1.3 Exempt Home Property Although home property is an exempt asset under the conditions described in this subsection, there are limits on divesting home property (see SECTION 17.2.7.23 HOMESTEAD PROPERTY). Non-Institutionalized Person. For a person who is not residing in an institution, the home is exempt as long as the person resides in it, or intends to return to it. There is no time limit for an intended return. The home remains exempt even if the person rents out part of it while he or she continues to reside there. Institutionalized Person. When a person resides in an institution, the home is exempt if one of the following conditions is met: 1. His or her spouse or dependent relative resides in the home. The dependency of the relative may be of any kind, such as financial or medical. The relative may be father, mother, daughter, son, grandson, granddaughter, in-laws, stepmother, stepfather, stepson, stepdaughter, grandmother, grandfather, aunt, uncle, sister, brother, stepbrother, stepsister, half-sister, half- brother, niece, nephew, or cousin. 2. The institutionalized person expresses his or her intent to return to the home. If he or she is able to form an intent but unable to express it, determine his or her intent through other available evidence. Other evidence includes: a. His or her written statements. b. His or her oral statements made before incapacitation. Accept reports of these statements made by family members. c. Accept reports of his or her intent made by an authorized representative. If there is no evidence he or she disagrees with the statement, accept the authorized representative's statement. If he or she appears unable to form an intent but has not been judged incompetent by a court, accept a family member's statement as evidence of his or her intent. If he or she has been judged incompetent, accept the intent statement of his or her guardian. Use the guardian's intent statement even if it differs from the member’s. If neither condition #1 nor #2 is met, the property is no longer the principal residence and becomes non- home property.