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About 3 years ago, my Dad had to be placed in a Dementia Facility. For the first year and a half he paid out of pocket for his care, until he spent down to $2,000.00, at which point he became Medicaid eligible. Dad passed away 8/26/2021. The Joint bank account total as of today (1/21/2022) is currently at about $2300.00. As a Joint account holder, can I lawfully, withdraw the funds and close the bank account?

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If your father was on medicaid it is likely that any money he has will now go to reimburse the government for his care. However, if this money was in a bank account, and not in the Nursing Home's control, and if it has not been 'Frozen" by the government, then you, as the account holder, may be able to withdraw funds from the account. Check with the bank involved. They will let you know; take a death certificate with you and speak to bank management, not the teller at the window. If the government has put forward no claims to this point on this account then the chances are quite good that you are safe to withdraw this amount; if the bank feels otherwise they will let you know.
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The spend down money becomes part of your Dads estate. As does the Personal Needs Acct that a small % of his SS went into. Don't allow the facility tell you that the money goes back to Medicaid, it doesn't. This is the money that Dad is allowed to have.

Can you close the acct, ask the bank. It depends how it was set up. I was added on as a joint holder. Mom only had $185 left so I had no problem closing it out. Her PNA acct I had to get a short certificate from Probate and give the NH a death certificate. I got a check to weeks later.
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