Legal Question in Elder Law in Ohio

Elder Law

If my name and my Mothers name is on a CD will it be safe from the 5 year look back or can they attach it if she has to go on medicaid


Asked on 3/31/09, 10:02 am

2 Answers from Attorneys

Elizabeth Schmitz Elizabeth S. Schmitz Attorney at Law

Re: Elder Law

It would stilll be considered an asset of your mother and would be counted as a resource for medicaid purposes.

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Answered on 3/31/09, 10:06 am
Anthony Rifici Rifici Law Office

Re: Elder Law

Jointly held accounts are deemed to belong 100% to the applicant, so the account would be part of mother's countable resources on a Medicaid application.

You MIGHT be able to seek an exception to this general rule, if you can prove that the money in the account was contributed by someone other than the applicant. Ohio Medicaid qualifications have been tightened up greatly over the last several years, so I suggest you hire a qualified attorney if you have further questions or desire to attempt and preserve assets without endangering Mediciad eligibility.

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Answered on 3/31/09, 11:11 am


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