Unavailable Assets

There are also assets that are considered "unavailable." If a person does not have the legal right to use or dispose of an asset, it is not counted. For example, when a contract, court order, or law prevents a person from disposing of an asset it is not available and is not counted.

Also, assets are not counted if they are unsalable. A person claiming that an asset is unsalable must produce evidence that there is no current market for the property. This can be done by obtaining a statement from two knowledgeable sources in the geographic area stating that the asset is not salable due to a specific condition. For real estate an actual sale attempt must be made at a price not more than the asset's fair market value in the local geographic area and no reasonable offer to purchase the offer is received.

Finally, if an owner's share of an asset cannot be disposed of without the consent of another joint owner and the owner seeking Medicaid claims proves that the other owner does not agree to the sale of the asset, then the asset is considered not available and its value is not counted towards the asset limit.