Legal Question in Elder Law in Michigan

Re: joint bank accounts and CD's

This is a very fact sensitive situation. It isn't clear from your question to what degree you have placed your own assets in jointly titled accounts. The general rule is that anything jointly titled will be presumed to be your mother's. You would have to show clear evidence that the jointly titled assets were at least partially your assets, such as through direct deposit arrangements (your payroll going directly to the joint account), etc.

The next question would be whether your mother has given you anything from this account since Feb 8,2006. If so, there could be a hanging penalty regarding this transaction. If your mother made any very large transfers before Feb 8, 2006, this could also be a problem.

Another question is whether anything of hers can be preserved from the cost of the nursing home. The answer to that question is generally yes, but you without some planning, she will need to spend down to $2,000.00.

You don't mention whether she owned a home. Under the circumstances, there would also be some planning to do regarding any real estate.

If you have any other questions regarding Medicaid qualification or asset protection, I would be happy to help you.