Individuals Declared Legally Incompetent

Individuals Declared Legally Incompetent. A. The following is applicable to individuals who have been declared legally incompetent: 1. Court Appointed Guardian or Conservator or Conservator. If the court has appointed a guardian or conservator, resources owned by the individual are considered available. a) Seeking court approval is not a legal restriction to the sale or disposal of the property and does not change the property’s status as a countable resource to the individual. B. No Court Appointed Guardian. If the court has not yet appointed a guardian or conservator, resources owned by the individual are not considered available. 1. The individual does not have access to the resource until a guardian or conservator has been appointed.