10A NCAC 71P .0904. RESERVE

(a)  Eligibility Requirement.

(1)           Eligibility shall be determined using the reserve rules governing the federal Supplemental Security Income Program (SSI) found in Title XVI of the Social Security Act which is hereby incorporated by reference including all subsequent amendments and editions.  Copies of this law may be obtained from the North Carolina Division of Social Services, Adult and Family Section, 325 N. Salisbury St., 2405 Mail Service Center, Raleigh, North Carolina 27699-2405, telephone number [phone], at a cost of five cent ($0.05) per copy.

(2)           Mental Incompetence.

(A)          When a representative alleges that an applicant or recipient is mentally incompetent (and the allegation can be supported by a physician's statement) and does not have a legal representative appointed to act in his behalf, the resources held solely by the applicant or recipient or held jointly shall be excluded in determining countable reserve provided the following two conditions are met:

(i)            the petition to have an applicant or recipient declared incompetent is filed with the court within 30 calendar days from the date the applicant's or recipient's representative is informed of the requirement; and

(ii)           the petition to have a legal guardian appointed is filed with the court within 30 calendar days of the date the applicant's or recipient's representative is informed of the requirement.

(B)          The county department of social services shall petition the court for incompetency and appointment of a guardian if:

(i)            the applicant or recipient has no representative willing to act in his behalf or the representative or guardian refuses to take the required action.  The county shall petition the court to have the applicant or recipient declared incompetent and to have a guardian appointed within 30 calendar days from the date it learns of the representative's refusal; or

(ii)           the applicant's or recipient's representative fails to take the required action within 30 calendar days of the date he was informed of the requirement.  The county shall within 15 calendar days from this date, petition the court to have the applicant or recipient declared incompetent and to have a legal guardian appointed.

If the county department of social services is required to act under Subparagraph (B)(i) or (ii), the resources held solely by the applicant or recipient or held jointly shall be excluded in determining countable reserve.

(C)          When the court rules that the applicant or recipient is competent, his resources shall be counted beginning the first day of the month following the month he is declared competent.

(D)          When the court declares the applicant or recipient incompetent and appoints a guardian, the guardian must take appropriate action to dispose of or make exempt the resource within 30 calendar days of his appointment.  If he does not, the county department of social services shall determine if the guardian is acting appropriately under the terms of the guardianship.

(E)           If the guardian takes the appropriate action to dispose of or make exempt the resource, the resource shall be excluded until the clerk of court confirms the action taken by the guardian.  The resource, if otherwise includible, shall be counted in reserve beginning the first day of the month following the month the action is confirmed by the clerk of court.

 

History Note:        Authority G.S. 108A‑41; 108A‑46; 143B‑153;

Eff. January 1, 1983;

Amended Eff. February 1, 1996; July 1, 1994; March 1, 1991; June 1, 1990.