Medical Assistance for People Who Are Age 65 or Older and People Who Are Blind or Have a Disability

2.3.3.2.4 Countable Assets

Assets not specifically excluded are considered countable assets.

Availability of Countable Assets

Countable assets must be evaluated for availability to determine if their value counts toward the person’s asset limit. Countable assets that are available count towards the person’s asset limit. Countable assets that are unavailable do not count toward the person’s asset limit.

The value of the portion of an asset the person owns, in whole or in part, is presumed to be available, unless the person proves it is not. A person may prove all or part of an asset is unavailable by verifying a legal or actual barrier to obtaining or disposing of the asset that cannot be reasonably overcome. The person is not required to undertake litigation in order to accomplish the sale of, or gain access to, an asset if there is a documented legal barrier to the sale or use of property.

Shared Ownership of Countable Assets

If a person shares ownership of a countable asset with one or more people, the person’s ownership interest must be determined to count the proper amount toward the person’s asset limit.

A jointly owned asset is unavailable when all of the following criteria are met:

The permission of a joint owner is required to sell or dispose of the asset;
The joint owner is not a member of the household or financially responsible relative whose assets are deemed to the person; and
The joint owner refuses to allow the sale or disposal of the asset.

Verification

Verification of excluded or unavailable assets that have already been verified is not required unless the asset has become available.

Other Asset Availability Rules

Non-liquid personal property, such as a non-excluded vehicle, is considered available even if it is for sale. The terms of a premarital agreement are not considered when determining the available assets of a married couple.

Legal Citations

Minnesota Statutes, section 256B.056, subdivision 1a