
In August 1998, M.A., and her daughter, also named M.A., opened a bank account at Hudson United Bank, which is now TD Bank. M.A.’s daughter contributed all of the funds to the bank account. While both petitioner and her daughter each had a legal right to independently withdraw funds from the bank account, petitioner never made a deposit into the bank account, nor had she ever withdrawn funds from the bank account.
M.A. is 89 years old, suffers from dementia, syncope, type two diabetes, hypertension, dysphagia and weakness. Petitioner has had these conditions for at least 10 years. Petitioner is incapable of leaving the house without someone accompanying and assisting her, and is incapable of traveling to TD Bank on her own. No guardian or power of attorney was ever appointed for petitioner. Thus, there is no third party who could access the bank account for petitioner.
M.A. was a Medicaid recipient. In February 2018, M.A. was notified by the Hudson County Department of Family Services that her Medicaid benefits would be terminated because of excess resources, specifically the joint bank account owned with her daughter. The bank account had a balance of $57,512.05 at the time of the denial.
Petitioner requested a Fair Hearing. A hearing was held before an administrative law judge (ALJ). The ALJ issued an initial decision affirming the denial of petitioner’s Medicaid eligibility, finding the subject account was a countable resource, and “if the applicant has unrestricted access to the account, which [petitioner] did, it is a countable resource.” The Director of the State Medicaid office affirmed.
M.A. appealed to the Superior court of New Jersey, Appellate Division. On appeal, M.A. argued that because (1) her daughter contributed all of the funds to the account, (2) the account is an “or” account, not an “and” account, (3) petitioner had never drawn on the account, (4) petitioner cannot leave her apartment without assistance, (5) no one was appointed guardian or power-of-attorney for her, and (4) petitioner is incapable of accessing the account due to her physical and mental infirmities, the subject bank account is an excludable resource and the determination of her Medicaid ineligibility was arbitrary, capricious, and unreasonable.
The Appellate Division affirmed the ALJ’s decision, finding M.A. ineligible for Medicaid. The appeals court held that it agreed with “the Division’s conclusion that petitioner had unrestricted access to the joint account owned with her daughter . . . , and we are not persuaded by her physical and mental incapacity to access the account because the test is whether she has the “power” and legal authority to do so.
The case is attached here – M.A. v. Division of Medical Assistance and Health Services
For additional information concerning Medicaid applications and appeals, visit:
For additional information concerning Medicaid and public benefits planning, visit:
Categories
- Affordable Care Act
- Alzheimer's Disease
- Arbitration
- Attorney Ethics
- Attorneys Fees
- Beneficiary Designations
- Blog Roundup and Highlights
- Blogs and Blogging
- Care Facilities
- Caregivers
- Cemetery
- Collaborative Family Law
- Conservatorships
- Consumer Fraud
- Contempt
- Contracts
- Defamation
- Developmental Disabilities
- Discovery
- Discrimination Laws
- Doctrine of Probable Intent
- Domestic Violence
- Elder Abuse
- Elder Law
- Elective Share
- End-of-Life Decisions
- Estate Administration
- Estate Litigation
- Estate Planning
- Events
- Family Law
- Fiduciary
- Financial Exploitation of the Elderly
- Funeral
- Future of the Legal Profession
- Geriatric Care Managers
- Governmental or Public Benefit Programs
- Guardianship
- Health Issues
- Housing for the Elderly and Disabled
- In Remembrance
- Insolvent Estates
- Institutional Liens
- Insurance
- Interesting New Cases
- Intestacy
- Law Firm News
- Law Firm Videos
- Law Practice Management / Development
- Lawyers and Lawyering
- Legal Capacity or Competancy
- Legal Malpractice
- Legal Rights of the Disabled
- Liens
- Litigation
- Mediation
- Medicaid Appeals
- Medicaid Applications
- Medicaid Planning
- Annuities
- Care Contracts
- Divorce
- Estate Recovery
- Family Part Non-Dissolution Support Orders
- Gifts
- Life Estates
- Loan repayments
- MMMNA
- Promissory Notes
- Qualified Income Trusts
- Spousal Refusal
- Transfers For Reasons Other Than To Qualify For Medicaid
- Transfers to "Caregiver" Child(ren)
- Transfers to Disabled Adult Children
- Trusts
- Undue Hardship Provision
- Multiple-Party Deposit Account Act
- New Cases
- New Laws
- News Briefs
- Newsletters
- Non-Probate Assets
- Nursing Facility Litigation
- Personal Achievements and Awards
- Personal Injury Lawsuits
- Probate
- Punitive Damages
- Reconsideration
- Retirement Benefits
- Reverse Mortgages
- Section 8 Housing
- Settlement of Litigation
- Social Media
- Special Education
- Special Needs Planning
- Surrogate Decision-Making
- Taxation
- Technology
- Texting
- Top Ten
- Trials
- Trustees
- Uncategorized
- Veterans Benefits
- Web Sites and the Internet
- Webinar
- Writing Intended To Be A Will
Vanarelli & Li, LLC on Social Media