this account is maintained by him and all funds deposited are 98% made by him. Would medicade be able to seize the money in the account even though she is not an active participant on the account?
Unless your brother can prove funds originated from him the agency will consider the account 100% hers. Joint accounts are never a good idea and once Medicaid is being received the agency will require the account to be in mom's name only. The proper way to title accounts is as follows: 1. Name of Elder only 2. Name of POA 3. Name of Payable on Death (POD) beneficiary (if desired). This accomplishes the three goals we are trying to achieve: 1. Allows the elder to have control while competent. 2. Allows the POA to step in when required. 3. Avoids probate at elder's demise (if this is desired).
You betcha they can and they will and even if you move it now, there is a five-year look back period by Medicaid. This is why you need an Elder Law attorney ASAP.
It would be a good idea to have them separate their money into separate accounts; his income/assets are considered hers as long as they're in a joint account. If he wants to continue assisting her financially, it is best to pay the bills directly rather than putting the money into her account- Medicaid would consider any monetary gifts as income, but they do not count it as such if the family pays the bills directly. For example: Mom usually has a monthly elecricity bill of $200 and son wants to help because she can't afford it. If son puts $200 into mom's account every month, that $200 is considered income. However, if son pays the power company the $200 directly, Medicaid would not count that money against mom.
The expert has answered the question -see an Elder Lawyer ASAP and follow his advice-there is a look back period but acting now might be able to be of help.
This is not a good strategy for managing her money. I assume that her name is on the account, since you say it is joint. Is she already receiving Medicaid? If her name is on the account, Medicaid will not be able to see what is hers and what is his. Monies need to be separated. Your brother may want to get advice on the best way to do this so it will not appear to be a gift.
Please follow the advice of the expert. If you need additional help, consult an attorney who specializes in Elder Law or a Certified Financial Planning Practitioner.
I don't think they can take the money. I also have my name on my mother's acct for my ability to manage finances. Many state agencies look at it as 'income' for me and other's look at it as resource.
I suggested taking the experts advice; i am joint on my mothers account but none of my money is in the account only her money and her deposits go into the account --by having joint access I can write checks on her behalf, withdraw $$ for her, make deposits etc but money is never co mingled
My brother had a similar issue when he was originally handling my mother's care. Medicaid/Medicare came after the account, even AFTER it had been closed down for 2 years. Social security would deposit her checks into the account, and he'd withdraw it to pay the nursing home immediately. After she was relocated to me, he closed the account and took out ALL of HIS money. The agencies required him to pay all of it back, even though he proved it was HIS money and not "theirs". (It was refunded a year later... after a massive headache)
What I did was set up a bank account (with my POA), with her and my name on it. I have social security direct deposit into the account, and I don't touch it unless it's to pay her nursing home. There was only ONE issue, and I could easily prove where the money went and who's it was. I will NEVER deposit my own money into that account, and if I do, I consider it a lost cause.
Never underestimate the power of greed. Even after all of these steps, I still have random family members accusing me of trying to steal my mom's money. This is yet another reason I ONLY leave HER money in there and ONLY use it for her expenses. It cuts out a lot of people's lies easily. I also document the garbage out of anything in regards to HER money. Receipts upon receipts, etc.
Joint accounts are never a good idea and once Medicaid is being received the agency will require the account to be in mom's name only.
The proper way to title accounts is as follows:
1. Name of Elder only
2. Name of POA
3. Name of Payable on Death (POD) beneficiary (if desired).
This accomplishes the three goals we are trying to achieve:
1. Allows the elder to have control while competent.
2. Allows the POA to step in when required.
3. Avoids probate at elder's demise (if this is desired).
If he transfers money of hers into his account, it will establish a transfer datem but that $$ can only be spent on her and must be accounted for;
The downside of that is it is 'attachable' bu his creditors/predators.
If he is in GA I can with that, avoiding the high cost of a trust.
What I did was set up a bank account (with my POA), with her and my name on it. I have social security direct deposit into the account, and I don't touch it unless it's to pay her nursing home. There was only ONE issue, and I could easily prove where the money went and who's it was. I will NEVER deposit my own money into that account, and if I do, I consider it a lost cause.
Never underestimate the power of greed. Even after all of these steps, I still have random family members accusing me of trying to steal my mom's money. This is yet another reason I ONLY leave HER money in there and ONLY use it for her expenses. It cuts out a lot of people's lies easily. I also document the garbage out of anything in regards to HER money. Receipts upon receipts, etc.
See All Answers