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John Legal
John Legal, Attorney
Category: Legal
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Experience:  Over 15 years legal experience.
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am trying to get my mom on medicaid. I have CD and savings

Resolved Question:

am trying to get my mom on medicaid. I have CD and savings accounts in my name (it has my name OR then her name). I have been told so many different things about my rights to these accounts. These accounts are mine (only mine) - she had her own CD and savings accounts in the same bank. I have had these accounts since yr.2001 or before. Is she (or medicaid) entitled to my entire accounts or are they mine.
Also her car is in her name. Is the car now going to be theirs - or can I buy the car. I really need (and rely) on that car
Submitted: 4 years ago.
Category: Legal
Expert:  John Legal replied 4 years ago.

Thanks for asking Just Answer:

 

You are going to get different answers from the bank and social services (Medicaid workers) on the bank accounts. Here is the deal: Banking law says that if accounts are generally in two people's names that either can withdrawl all the funds without consent of the other.

 

While this is helpful to many this is not helpful to you. Medicaid has completely different rules with regard to co-owned accounts. Medicaid will consider those accounts completely your mother's, unless you can prove that they are yours. To prove that they are your accounts you have to prove that the money is actually your money from your sources and your mom was not the original owner of that money. Please notice that the burden is on you to prove that the funds did not originate from your mother. This rule is not fair but MANY Medicaid rules are not fair.

 

As for the car, your Mom should still qualify for Medicaid even if she still owns the car. You may have to show that you use the car to benefit her. This is done if you take her to the store, out to eat, to a religious service or potentially if you use the care to get her supplies of items not avaliable in the Nursing home. Whether Medicaid requires you to show you use the car for her or just exempts the car without that showing will depend on your local office.

 

Hope some of these answers help if they have please click Accept so that I receive credit. Medicaid rules do not always make sense. I would suggest that you speak with an Elder Law attorney in your area that can help you protect as much as possible for you Mom. Maybe even the CDs or bank accounts. The strategies are complicated and are not advisable to try on your own. An Elder Law attorney should be able to save your mom assets well beyond his or her fee. You can find an attorney at www.naela.org. There are some great attorneys in New Jersey.

 

 

John Legal, Attorney
Category: Legal
Satisfied Customers: 4631
Experience: Over 15 years legal experience.
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