Legal Question in Wills and Trusts in New York

Re: Checking Account/ Joint

I agree with Jeffrey that it depends how the account was created, who put in the funds and, equally important under any circumstance, who social security number is on the account. For example, the other party provided all the funds, but the patient's social security number is on the account (typically done for income tax savings). Preseumptively, this indicates the funds are entirely those of the patient, and a question of a completed gift to the patient puts the funds at rick. I also agree with Jeffrey's cautionary comments.

Re: Checking Account/ Joint

The question is whose money is it. For example if the money comes from social security, pension, or other resource of the nursing home patient, they can grab it. If it comes from joint resources, they are entitled to a portion of the money. If it is strictly from another person, that person can keep it.

One should never co-mingle funds of an elderly person and another individual because then the burden is on the other person to show where the deposited money came from.

If they seize the money saying that the funds were the nursing home receipient money, you would have to go to court to prove whose money is it.

Jeff Lazroe