Legal Question in Elder Law in Florida

joint checking account

My father passed away in 1988, and since then my mother and I have had a joint checking account. This has allowed me to easier manager her finances, pay bills, etc. recently my mother has been diagnosed with advanced COPD, and is currently in a rehab center. I am now searching for an assisted living facility, which with luck will be paid for with her monthly annuity and VA benefits from my fathers' military service. if in the future, my mother has to apply for medicaid how do I handle the joint checking account? do I take money out slowly now? after 21years, how can I possibly prove what I put in? what is the governments 'look-back' in florida? can I open a checking account in my name and transfer enough funds to insure that the bills (taxes,insurance, maintenance fees) for my mothers home can be paid for the next 6 to 8 months, I just became unemployed 3 days ago. I appreciate any assistance that you can give me.


Asked on 4/20/09, 7:08 am

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: joint checking account

I think the look back period is 2 years -- but the government has a good web site that explains this issue and the local people can go over it wioth you as well. You should not have co mingled your funds and you should start right now seperating them. Get your own checking account. I would think that you could remove what you can prove to be yours that is in there now.

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Answered on 4/20/09, 9:47 am
Robert Roemer Robert Roemer

Re: joint checking account

The question that you've asked raises a number of issues. The look back period for transfers for Medicaid eligibility has been extended to five years. If you would like to talk to me further about this matter e-mail me your phone number so I can call you.I would suggest that you seek my advice or an attorney's advice before taking any action as it could damage your rights.

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Answered on 4/20/09, 11:47 am


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