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West Virginia Income Maintenance Manual Chapter 5
West Virginia Income Maintenance Manual Page 15 Chapter 5 Assets
assets until the court proceedings are completed and a court decision is reached. The DOHS is required to follow the dictates of the court order. For Medicaid only: Assets may be marked as inaccessible for clients who are currently declared incapacitated by a physician and have no legal financial power of attorney. ● If a petition for conservatorship has not been filed with a court, assets must be excluded as inaccessible as of the first day of the month of application, for a period not to exceed 30 days. Assets must also be excluded up to three months prior to the month of application, when requested, but not prior to the date of the physician-declared incapacity.
● If a petition for conservatorship is filed with a court, assets must be excluded as inaccessible until the court appoints a conservator or denies the petition for conservatorship
Verification of the physician declaration of incapacity and/or petition filed must be provided prior to entering the asset exclusion. Advanced notice of adverse action is required after an asset accessibility exclusion period ends. • Property sold with a land sale contract. The property does not belong to the seller as long as a legal contract is in effect. • Homestead/non-homestead property being purchased by a land sale contract. The property does not have equity value for the buyer until the terms of the contract are fulfilled. • Acting as the authorized agent of an organization, such as the Treasurer of a church or the President of a community group or town council. • Joint ownership: The meaning of such ownership may be indicated in one of the following ways: o AND - Joint ownership indicated by "and" between the names of the owners. Unless there is evidence to the contrary, each owner is assumed to own an equal, fractional share of the jointly owned asset. If the fractional share of the asset is not available to either owner without the consent of the other, and such consent is withheld, the asset is excluded as being inaccessible. ▪ For SNAP only: The consent must be withheld by an individual(s) who is not a member of the applicant’s AG in order for the asset to be considered inaccessible. o OR - Joint ownership indicated by "or" between the names of the owners. The asset is available to each owner in its entirety.