In Elder Law News

When applying for Medicaid, specifically for long-term care or nursing home coverage, the government looks closely at your assets to determine if you meet their strict financial limits. A certificate of deposit (CD) with three names on it can be a bit of a “legal knot,” but here is how it typically unspools.

The “100 Percent Rule” (The Rebuttable Presumption)

In the eyes of Medicaid, if your name is on an account, they generally assume all the money belongs to you.

Even if there are three names on the CD, Medicaid’s starting position is often that 100 percent of the balance is an available asset for the applicant. They don’t automatically assume it’s split equally three ways.

Why Does This Matter?

If you are allowed only $2,000 in assets to qualify for Medicaid, and you have a $10,000 CD with two of your children’s names on it, Medicaid may count the full $10,000 against you, potentially making you ineligible.

Can You Prove the Money Isn’t Yours?

You can “rebut” (dispute) this presumption. If you can prove that the other two people on the CD were the ones who actually deposited the funds, Medicaid may exclude their portion.

Evidence you might need:

  • Bank statements showing the source of the initial deposit.
  • Tax records showing who has been reporting the interest income.
  • Proof that the applicant’s name was only added for convenience (e.g., to help pay bills).

The “Transfer of Assets” Trap

A common mistake people make is removing the applicant’s name from the CD right before applying.

Because Medicaid has a five-year look-back period, taking your name off a joint CD is viewed as a gift or a transfer of assets. If you “give away” your share of the CD to the other two people within five years of applying, Medicaid may hit you with a penalty period — a stretch of time where they refuse to pay for your care.

Note: Medicaid rules vary significantly by state. Because a CD is a “liquid” asset, the way it is titled can make or break an application. Before moving money or changing names on an account, it is highly recommended to speak with an elder law attorney to ensure you don’t accidentally trigger a multimonth penalty.

 

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