Legal Question in Wills and Trusts in Pennsylvania
Hi, Mother was placed in a nursing home for dementia. She has a CD wother 17,000 with my name on it also. Home wants to take it as payment. I dont have anything in writing, but she told me it was a gift to me and put my name on it in case something happened to her. Do I have any legal rights to claim this CD or should I say bye bye to it?
1 Answer from Attorneys
Just because your name is on it does not mean that you own it. This may be a "pay on death" designation rather than you being a co-owner.
If it is an asset of your mother's then there are Medicaid limits for each state and this will have to be spent before your mother is eligible for Medicaid.
If you have nothing in writing, then whatever your mother told you is meaningless. If its an asset of your mother's then the funds get used for her benefit. If there is a pay on death designation and the cd indeed goes to you, then find another way to pay for your mother's medical care if you wish to preserve this asset.
Even if there was a will or some other writing, unless the cd was already given to you 5 or more years ago, then the writing is of no moment. Gifts can be changed at ant time. The reason why I say 5 years or more is because Medicaid has a lookback period of 5 years. That means that from the date someone applies for Medicaid, Medicaid looks back 5 years in time to see if the person gave away any assets in that period. If your mother had given you the cd proceeds in that 5 years, then she would be precluded from getting Medicaid benefits.
Did your mother execute a power of attorney before she was diagnosed with dementia? If so, who is the power of attorney? That person needs to see an elder care attorney regarding your mother's assets. Depending on what your mother owns, an attorney may be able to assist in maximizing your mother's entitlement to benefits while preserving as much of the assets as possible for her heirs.
If it turns out nothing can be done, then, as I said, you would need to find some other alternative to prevent the home from getting these funds - either pay out of pocket, have a family member care for your mother or get a companion to live in with your mother.