North Carolina  |  Elder Law

Legal Question

Asked on: 7/12/13, 3:13 am

I am a joint bank acct holder with my elderly father and have been on those accounts for more than 3 years. The money is his - I've made no deposits. I had been told by a lawyer that half of those accounts would be mine since they were joint for so long. When applying for Medicaid for my dad, the gov worker said no, I was only on them to pay his bills and unless I could prove I had put money into those accounts, the total balances will count towards his eligibility and withdrawals will be scrutinized for suitability (i.e. trying to hide funds). Can you clarify if I am entitled to half the accounts? Can I withdraw 'my' half from the bank without medicaid penalty? Thank you.

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