Mom's name was on my checking acct. Can Medicaid come after me for payment?

She can only have a total o 2000 in savings & checkings for benefits. Medicaid program looks at all accounts she are one

On

Was this a joint account? If so, they will probably count it as an asset. You should as an eldercare attorney, who may give you a free half hour consult.

How was the account funded and when? If you can show this is your account funded by you then give Medicaid that information. If your Mom placed any funds into that account in yhe past five years, then that portion of the account is considered her asset. Were the finds in this account used for Mom's benefit? Then show Medicaid that documentation. Get with an elder law attorney to assist.

Give them all of the vital information. As mentioned, it may depend on how the names were listed. If necessary, see a elder law attorney. Good luck! Please keep us posted.
Carol

i would suggest getting with an elder attorney. my father is allowed a little more than what the one person on here posted, it depends on SO many different factors.

If it's a joint account, it's her asset as well as yours and, I believe, would be counted. As someone else suggested, you should be prepared to provide proof that you are the only one who funds the account (pay stubs from direct deposits, etc).

I was told, by a lawyer, to take my Mom's name off of my nephews account because the funds could be used against her when getting help. The only reason I'm on hers and now my nephews is because I have both POAs on them.

It is really commendable that Medicaid IS looking at every account that has an applicant's name on, because there are so many who try to defraud the government programs. But I'm pretty sure if you provide the documentation, it was an account your mom never used (i.e. she didn't have her Social Security check deposited there) and all transactions were totally yours, then this is just a little bump on the road to being approved from . Medicaid. Best Wishes.

My suggestion is to go down to the bank and speak with a bank officer to find out exactly what SS# is/are tied to the account. If it's yours solo, then it is your asset. But if mom's SS# is linked to it, Medicaid is probably going to place the full amount in the asset figure for mom.

If this happens likely you - as her DPOA - will get a letter from whatever agency administers Medicaid for your state as to this. If the $ in the account was never "co-mingled" (this is kinda key word in Medicaid speak) so that it was 100% your funds and she never placed any funds in it or withdrew any funds or did anything to use it as an owner, then you do a letter and likely get a letter from the bank as to the status on the account to fax over to the Medicaid caseworker so he can close the inquiry on this little bump. But if mom made deposits into it, wrote checks off of it, then it's probably going to be viewed as her asset and needs a spend-down.

JoAnn - if the nephew is a minor you might want to look into how your state does UTMA's. usually they are tied into the minors SS# so not an asset of whomever has been placing funds into the account. Which can be a good as the minor likely has no taxes.

In Washington State (where I live), a joint account is indeed counted as the applicant's resource. Our financial officers recommend that if an adult child needs to be on mom or dad's account to help them manage the money, they should be added as an "authorized signer" to the account, rather than a co-owner of a joint account. With a single account owner with an authorized signer, the authorized signer is allowed to write checks, deposit funds, withdraw funds & etc., but all withdrawals and payments from the account must be on the behalf of the account owner (mom or dad). With a joint account, my state's Medicaid says because the money is equally available to BOTH owners, they don't care whose money is whose, and it all gets counted together--so it's best to have separate accounts with the protection of an authorized signer in place.

He is not a minor. I'm on the account as his POA. I transfer money into a Special Needs Trust that only I can handle. This SNT is notx figured in when calculating his benefits.

Teacup, it's going to be difficult for people to understand what you meant. You should have said "Medicaid only allows you to have a total of $2, 000.00 in assets."

In WA State [maybe also CA and others], if a welfare applicant's name is on your accounts, DSHS considers that also owned and accessible to the welfare applicant--even if they aren't a signer, and even if they never handled money in that account, and even if none of the deposits were theirs.
IF your accounts state: "Pay on Death [POD] to [welfare recipient's name]", then those are not counted; welfare cannot count those as assets of the applicant.
IF you are a POA, you can be a Signer on the elder's accounts [keep it as only their money--no co-mingling of funds for anything!], and not be named on them, which means IF You are the welfare recipient, the elder's assets are not considered yours, as you are "legally assigned to handle, but not own the assets".
I have been informed by DSHS, while assisting multiple clients, that DSHS makes NO differentiation between those listed on any account or asset; if the welfare applicant or recipient's name is on that asset, it also belongs to the welfare applicant or recipient and, that asset may either put the applicant over-limit to get help, or, cause them to lose significant aid from State".
With State Assistance dwindling in availability, and too many potential recipients going without, it makes sense to just take their names off the accounts---I must wonder: why is your Mom on your accounts, since she is the elder you are caring for---why aren't you POA on her accounts? Have you been co-mingling your funds and hers, trying to simplify paperwork?
DSHS looks at ALL assets, and looks-back 5 years for what else the applicant may have got rid of or sold, that DSHS might think could have helped tide-out the recipient, stalling off their applying for aid.
Once they put the data on assets through their computer, it lets you know what the recipient now gets.
First, they allow $2000 in accounts, but that might also be a moving target. When we hospiced Mom's last spouse here, DSHS said as a couple, they could have $40,000 of assets; but when he died, that allowed asset amount dropped to $2000! If applicant out-right owns the home they live in, that MIGHT Not be counted, BUT...depending...DSHS can put a lien on it, so when the elder moves out for over 6 months or so, the State takes the liened property and sells it to get paid back what was spent on the recipient.
About all States have aid-recuperation rules. HOW they do it, varies.
Some States aggressively pursue immediate family for repayment....HOWEVER...if that would impoverish the immediate family, or deprive them of means to earn a living, and it can be shown in court, DSHS backs off from next-generation debt collection: they don't want to force more people onto State Aid.

That's a good question Conniy. My Mother had my brother on her accounts with her for many years before he was killed in the OKC bombing in 1995. She then added my name, her only living child. She always told me it was just as much mine as hers but I never wrote a check, deposited into the accounts or withdrew anything because I didn't share in that thinking. The only checks I write now is for her caregivers, bills, groceries, medication and things she needs. I should ask the bank if I am a signer or joint owner. Something I don't know how she set it up as. Again, good question

meonly , It's a very good idea, even with small total assets, to at least have a Will. Setting up protective Legal instruments beyond that, is very good, too, if assets total over about $100,000. Starting simple by having your heirs as Joint tenants [Joint accounts], for banking, and for property, is a start, as long as you are certain your heirs are not going to get into troubles. One can add a Living Trust, later, which "holds" the assets protectively.
If heirs are simply named on an account like: Mom Smith and Kid Smith, that is a simple Joint Account; bank rules require all named to be a signers. It works well for: in case of death, other person[s] on account gets it [unless it gets tied up in Probate for a time--then the other person gets the contents]. There are also some obscure rules about, if the others named on the accounts can get to the bank, and remove the contents, -before the bank sees a death notice in the local paper - , then they get it directly; if the bank sees the obituary, the account is locked up to await Probate processing. There may be dollar limits below which that is not locked, or for remaining spouse to access to pay bills.
IF it states "and" between the names, it's Joint; If it states "or" between names, its different.
To Not to be a signer on a Joint Account, have the account designated/set-up as something Other than a regular account: like a POA, or a Trust account, or a POD [I mentioned that in my post above], etc.
IF someone wants to make sure contents of Accounts or Safe Deposit boxes go straight to the other person[s] listed on the account, best practice is: wrap accounts into a Living Trust, etc. LT's are a legal holding instrument; contents can be all the person's assets they own [or are paying for, like property], plus a will which instructs how it's to be doled out, etc. == LT's are either "Revocable" or "Irrevocable"--if Irrevocable, it's rules [not sure about contents] can't be changed. == Revocable CAN be changed by the owner [via a lawyer]. The DIY services online, May, or Not, be good, viable instruments in all States.
I had our kids named on our Joint accounts in case we died; we didn't have enough to Probate [then]....BUT...one got married and because of spouse, had to file bankruptcy, had IRS garnishing things--had to take that one OFF our accounts, so Our assets wouldn't get attached by IRS as Theirs, or counted in their bankruptcy. The other one became disabled, had to get State Aid...had to remove that one from Our accounts to prevent DSHS counting Our assets as if that one had access/use of them.
Stuff happens. Same way it does for corporations' members.
One needs to take legal steps to protect assets, if the total assets are over a certain dollar amount. Below that amount, it usually skates past Probate right to the remaining family member[s], depending on a Will. No Will [person dies 'intestate'], means family gets what's left, equally. Only a Will can specify who gets what or how much, of any size estate.
Things like a Living Trust, Family Trust, or Incorporating one's family group [the structure, not an actual business, unless one has a business]; there are other instruments to choose from which can help protect assets from the mis-adventures of individual family members and, make sure assets transfer directly to the family members as specified in the Will [in the case of a "corporation", assets divide between the other corporation member/owners].
It's gotten SO complicated! If I could, I'd bury it all in a box, and leave a sealed envelope for them to find when I die...! Or just walk away and pretend it doesn't exist. Can't really do that [or, well, ya can...one could become a nun or something, and sign their assets over to the church--but what good would that do the progeny, unless one was going to cut them off anyway?]?!
{[sigh!}}
Life's become far too complicated to hardly breath. It's beyond ridiculous!