Legal Question in Elder Law in North Carolina

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.

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

1 Answer from Attorneys

Kenneth Love Ken Love Law

No, Medicaid is right. If the money is his, you can't take half of it and claim it as yours for Medicaid purposes. You need to speak to an attorney who specializes in elder law who can guide you in the proper manner of qualifying your elderly father for medicaid

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Answered on 7/12/13, 7:32 pm

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