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I am caregiver to a 91 year old woman with recently

I am caregiver to...

I am caregiver to a 91 year old woman with recently diagnosed dementia. Several years ago she made me co owner of her checking account. At one point she gifted me some money. I wrote the check to myself. Mind you this was when she was still in control of her finances. With recent 24 hour care, her money is being depleted quickly now and if she continues to live she will have to apply for Medicaid. I know Medicaid looks back 5 years. Would the money that she gave me still be considered a gift if I am co owner of the account?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Connecticut

Lawyer's Assistant: Has anything been filed or reported?

Nothing as of yet. Looking at the near future.

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Answered in 9 minutes by:
1/20/2018
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,941
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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The court may look to see what the intent of the original owner of the account was before determining ownership; for example if it was for convenience (check writing, for example) then it would not transfer ownership. That is a matter of fact for the court to determine;

please see the following case for analysis:

https://www.jud.ct.gov/external/supapp/Cases/AROcr/CR307/307CR9.pdf

If a person does gift an account (or part of an account) by making a third party a co-owner then that entire transaction is deemed a gift, and as such if it was done within the past 5 years prior to the application for Medicaid, it may disqualify the applicant as to eligibility.

This discusses eligibility:

https://www.cga.ct.gov/2012/rpt/2012-R-0057.htm

For every $12,388 (2017 figures) transferred to a third party, that disqualifies the person for 1 month of care (that is the average cost of nursing home care).

https://ctlawhelp.org/medicaid-may-pay-for-nursing-home-care#

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