Follow
Share

My 87 yr. old mom lives with me and her doctor is testing her for Alzeimer's disease. Right now she is able to do things for herself but in the event things get worse, and she needs a nursing home, will our joint bank account be considered an asset for Medicaid eligibility? Can I transfer the money now into a separate account with only my name on it without it having the 5 yr. spend down rule? Any help would be appreciated. I watched my grandmother's money taken away from her for nursing home until she had only $60 to her name when she died. Sad state of affairs. Bonny

This question has been closed for answers. Ask a New Question.
If you cannot provide "Proof" or "Evidence" it will lead to Penalties !
Helpful Answer (3)
Report

You need to VERY cautious when it comes to monies and Medicaid eligibility rules. They will deny if everything is not "on the up and up"/in place exactly.
Helpful Answer (2)
Report

I hate to tell you this but just from what you told me about what happened to your grandma, it sounds like the nursing home was just greedy and took advantage of her because she most likely had some serious money and maybe even some assets. I don't know your particular situation but I can tell you what I now know about corruption behind closed doors. Nursing homes don't really need that much money for one person to live there, they're just being greedy and taking advantage of people. You may not want to hear this but it's the truth. There are people out there who don't want to hear the truth and not hearing it doesn't change it. As bad as this may hurt and as hard as this may be too here, you may not want to hear this but it's the truth. Some people out there don't want to hear the truth and not hearing it won't change it. I hope I never end up in a place like that. They say knowledge is power and I think they are right because the more you know the better. I'm very sorry what happened to your grandma, I'm sorry for her and others who fall into this category and are regularly taken advantage of by the very people we are supposed to trust to take care of us or our loved ones and it's time the people start fighting back no matter what it takes because failure is not an option as NASA would say in their own ventures
Helpful Answer (0)
Report

Short answer on the joint account: it will be your mother's countable asset for Medicaid purposes, unless you can prove that you contributed your money to it. They will ask you if you opened, closed, or changed names on any account with her name on it, for 5 years prior. So having your name on the account for convenience (you can sign her checks / pay her bills) or for probate avoidance (you become the sole owner after she dies) will not work to "exempt" that money from being subject to spend-down. If you haven't done so yet, buy a pre-paid funeral and open a burial account: there are numerous resources on the do's and don'ts of spending down.
Helpful Answer (1)
Report

Glad to see other people who do not agree with hiding funds to avoid paying their fair share of Medicaid/Medicare costs. If there is a spouse that may require funds for their care also I can see consulting a lawyer in elder care to protect both of them. Yes I hope there will be some funds left over for family. It is a very stressful time in our lives and we all want the best care for our family members. I wish you the best
Helpful Answer (3)
Report

No doubt about it if you know what is facing you in the process of applying for Medicaid you will not think twice about visiting a "MEDICAID" attorney !
Not all Elderly Lawyers deal with Medicaid I went to two but do not deal with Medicaid.

Better off having a trust set up and pre pay for the nursing home 2-3 months in advance once you qualify, then Medicaid should reimburse you of all payments you made to her nursing home ( but not any Penalty periods) therefore "YOU" will get your mom's money back,  and put it to one side like a safe for her, but NOT IN HER BANK ACCOUNT  as she cannot have over $2000.00 or Medicaid will stop contributing payments for her nursing home. Each state may vary in amount of money you can have but in Texas it is $2000.00.
Check if her burial policy has a "CASH IN VALUE" as Medicaid will take it from her ! If she has cash in value it will have to be cashed in by yourselves and only get a small portion back, then have to buy a New burial policy with no cash in value !
I just had to do this through my attorney for my mother in law !

Be prepared to keep some money for:

Nursing home fees as you have to be in a nursing home paying privately for at least 30 days before you can apply for Medicaid. 
Medicaid attorney fees !

There is a limit of how much you are entitled to have coming in each month combining social security and private pensions, in Texas maximum is $2000.00 anything over that amount coming in each month you have to set up a QIT trust and place the excess money into it or you will not qualify for Medicaid.

Proof of everything what was this paid for provide copies of checks evidence that payments were received and all has to be for your mom's benefit any large sum given away will create a penalty !

Penalty Described:
If the nursing Home cost $5000.00 per month and she gave away $15.000.00
Medicaid will view that $15,000.00 would have supported her for three months in the nursing home so once they make a decision on your application you will have 3 months penalty therefore Medicaid will not pay any contributions for three months.
Helpful Answer (1)
Report

tettwa...just a thought for you. Your grandmother's money was used to pay for her to live in a nursing home, which is expensive, so her money wasn't "taken away from her" as you stated. It was used to pay for HER care in a long-term care facility. Why would you think someone else should pay for your grandmother and mother's care? Isn't that what they saved their money for? Or did they save it so you could enjoy spending it while we - the hard-working taxpayers - take on the burden of paying for their care? I am always amazed by the people that think their elderly family member should get a free ride on government funds while stashing the person's savings away out of reach. I know it can be done and a lot of people do it, but that certainly doesn't make it right. I'm sure this isn't what you wanted to hear, sorry for pointing out the unpleasant truth.
Helpful Answer (5)
Report

What is a JTWRS?
Helpful Answer (2)
Report

Again, this is why I always say talk to a lawyer. What he's done in our case is more involved than what I spelled out here. He will be doing the Medicaid process for us (actually, his paralegal will, and she's one smart cookie). I've had access to mom's regular checking account and savings account for years as her POA. The JTWRS account is a new one that has just been set up.
Helpful Answer (0)
Report

Be very careful, if any of that money was from your Mom's income or assets the five year look back will apply. I would set up separate bank accounts now but you should still have access to her account. If you can show exactly where and from what source each of you were each putting into the account that should not become an issue. Long term care if your Mom will require it is expensive but better to have good care and her money provide for it. It is a lot tougher for a spouse to deal with. Good luck.
Helpful Answer (0)
Report

Tettwa, you really do need to consult an eldercare lawyer for an opinion. I'm in Ohio. What ours did was have my brother, sister and I transfer some of mom's money into a regular bank account with our names minus mom's name and social security number (joint tenants with right of survivorship type account), making this a noncountable resource regarding Medicaid. We first set up a QIT (Miller trust) account for the nursing home with the biggest part of mom's money, and the nursing home will most certainly get that chunk of money. We are all three authorized signers on the JTWRS account, but my sibs are in complete agreement that nobody will be touching this, and as POA, I can make sure that doesn't happen. Do I understand all this completely? Not really completely, lol, but I trust my lawyer.
Helpful Answer (2)
Report

Thank you for the input.
Helpful Answer (0)
Report

Having a joint account with your mother is a good idea for convenience as long as you do not co-mingle your money with hers because there is no way to transfer that money without medicaid having the 5 year look back or spend down rule. Medicaid eligibility is for those with limited resources. The money in that account is considered an asset of your mother's for medicaid eligibility.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter