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My mother in law and my wife have had a joint bank

Posted on 3/26/26 at 7:16 am
Posted by bleedsgarnet
Virginia
Member since Apr 2014
1609 posts
Posted on 3/26/26 at 7:16 am
Account for at least 6 years. My father in law may require full time nursing care.

If my inlaws eventually have to spend down to medicaid to cover my father in laws care can the government drain the bank accounts?

My father in law doesnt even know the accounts exist.
Posted by DarthRebel
Tier Five is Alive
Member since Feb 2013
25524 posts
Posted on 3/26/26 at 8:21 am to
Can you just not move the money out to just your wife's account.

Is the joint account for a business reason?
Posted by lsuconnman
Baton rouge
Member since Feb 2007
4899 posts
Posted on 3/26/26 at 8:27 am to
He won’t qualify until his assets dip below the threshold. If you transfer the money it’s deemed a gift and a 5 year look back period applies.
Posted by dstone12
Texan
Member since Jan 2007
39861 posts
Posted on 3/26/26 at 8:57 am to
LINK


Above is a thread you may be familiar with. I wrote this in order to help people like other people helped me.


Main answer always goes back to:
Ask a professional.


A financial advisor
A lawyer
A placement specialist.


I am none of these.


Good news is, some of those professionals are here on this site and they’ve been very gracious with their expertise. Listen to g tk them can save you a lot of money and time.

Sometimes they disagree though. And you’ll have to break down and consult an independent pro.
This post was edited on 3/26/26 at 8:59 am
Posted by LSURussian
Member since Feb 2005
134476 posts
Posted on 3/26/26 at 9:32 am to
quote:

f my inlaws eventually have to spend down to medicaid to cover my father in laws care can the government drain the bank accounts?
You father in law won't be eligible to receive Medicaid until the bank account drops below a certain amount.
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
45726 posts
Posted on 3/26/26 at 11:27 am to
Technically your mother in law owns 50%, the other 50% would be considered a gift that may or may not fall within the five year look back period. But, there are many ways to legally transfer the money in a lot of states. Here in Florida, we'd probably just do a personal services contract so we don't have to fight about the bank account and source of funds/lookback period.
Posted by kywildcatfanone
Wildcat Country!
Member since Oct 2012
138664 posts
Posted on 3/26/26 at 12:58 pm to
5 year lookback
Posted by TigerintheNO
New Orleans
Member since Jan 2004
44721 posts
Posted on 3/26/26 at 1:35 pm to
my wife who works in the field said, "if it is a joint business account and he is not listed, it is not part of his assets"
Posted by Twenty 49
Shreveport
Member since Jun 2014
21184 posts
Posted on 3/26/26 at 2:10 pm to
Different states have different rules, and it may impact things if the applicant is in a community property state.

To get started, ask an AI program like Gemini or ChatGPT "how is medicaid eligibility determined for a spouse in (name of state)"

Then you can ask more detailed questions like How much income and assets can the non-applicant spouse retain?

If you can use TD, you can use AI. It's not perfect, but it's better than asking randos who lack the details of the situation.
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
45726 posts
Posted on 3/26/26 at 6:01 pm to
quote:

if it is a joint business account and he is not listed, it is not part of his assets


Not true. Medicaid looks at both spouses' assets unless there is a spousal refusal (not every state allows spousal refusal). I do medicaid planning for a living
Posted by bleedsgarnet
Virginia
Member since Apr 2014
1609 posts
Posted on 3/26/26 at 7:39 pm to
This account in question is a personal account and is a decade old..

My father in law doesnt even know it exists. The banker told my wife it was untouchable when medicaid searched for moneys.
Posted by lsuconnman
Baton rouge
Member since Feb 2007
4899 posts
Posted on 3/26/26 at 7:50 pm to
quote:

The banker told my wife it was untouchable when medicaid searched for moneys.


Did that make sense to you at face value? I wouldn’t be surprised if a banker believed it would not be found by the State, but I’d be really surprised if they thought it was exempt if found.
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
44234 posts
Posted on 3/26/26 at 8:00 pm to
Tell them he’s illegal and they’ll set him up for free.
Posted by bleedsgarnet
Virginia
Member since Apr 2014
1609 posts
Posted on 3/26/26 at 8:03 pm to
The banker is actually a moron.
Posted by meansonny
ATL
Member since Sep 2012
26429 posts
Posted on 3/26/26 at 10:53 pm to
Dumb question.

How does medicaid discover the 2nd bank account?

If it is checking with no interest, there isn't a 1099 generated.

Im not aware of any software that runs social security numbers through every mom and pop bank looking for non-interest bearing assets.
Posted by MSTiger33
Member since Oct 2007
21603 posts
Posted on 3/27/26 at 6:03 am to
quote:

He won’t qualify until his assets dip below the threshold. If you transfer the money it’s deemed a gift and a 5 year look back period applies.


Correct. There is also an income threshold that is very low that trips up people as well.
Posted by lsuconnman
Baton rouge
Member since Feb 2007
4899 posts
Posted on 3/27/26 at 6:29 am to
LDH has some westlaw products. It pulls up a 50 page life history for anyone. All names, surnames, dobs, ssns, addressse, arrests, lawsuits, utilities, cable, associates, business partners, family members, etc. But, it’s unwieldy and typically used after someone gets flagged for whatever reason.

Honestly, I’d be more concerned about using Medicaid for long term care if you don’t absolutely need it. They burned through $50k on polygraphs alone for abuse claims last year for the two state operated facilities. Who knows what happens at the contracted ones.
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
45726 posts
Posted on 3/27/26 at 6:32 am to
quote:

My father in law doesnt even know it exists. The banker told my wife it was untouchable when medicaid searched for moneys.


Banker is 100% wrong

When you submit a medicaid application, you submit a SSN/DOB/list of assets for both spouses
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