Legal Question in Elder Law in New York

Re: Nursing Homes

New York Medicaid regulations create a presumption that all of the joint account belongs to the Medicaid applicant, so initially they will treat the entire account as belonging to her. But you can overcome the presumption by bringing in proof that you contributed your share to the account.

You would be better off getting your share of the funds out of the account now, before you need to apply for Medicaid. In addition, your mother may want to consider transferring some of her remaining money to a trust, or directly to her children or other beneficiaries, rather than using that money to pay for the cost of her long-term care. You should consult with an Elder Law attorney in your area to see if her remaining assets can be preserved.