5152-8        JOINT BANK ACCOUNTS

If the holders of a joint bank account (checking, savings, or "share" accounts) are legally married and living together, the balance on the account becomes equally and totally to each person. This is true regardless of whether the joint account requires any one signature to withdraw (an "or" account) or both signatures (an "and" account).

1. If the holders of a joint account are legally married but not living together:
    

   1. An "and" account balance will not be considered an available resource if the absent spouse can't be located, or can be located but refuses to sign joint withdrawals;
       

   2. An "or" account balance is considered totally available regardless of the absent spouse's locatability or intention.
       

2. If the holders of a joint account are not legally married and:
    

   1. The other signer on an "and" account can't be located, or can be and refuses to sign joint withdrawals, the balance will be considered an unavailable resource;
       

   2. The account is an "or" account, the balance will be considered an available Family Medicaid resource without regard to the location or intent of the other signer, except in situations listed below and in Section 5156-3.
       

3. Bank accounts on which an applicant has signature authority but that the applicant does not own, in whole or in part, are totally unavailable and exempt. Prudent judgment should be used in determining ownership, considering the source of the funds, the stated intent of the parties named on the account, and the actual use, if any, to which the funds have been put. See Section 5156-3.
    

4. When the caseworker discovers that a recipient has a joint account containing resources considered available under this section which are sufficient to place the unit over the Family Medicaid resource limit, the recipient must be given a written notice allowing 30 days after discovery to modify the account by removing their name and prove to the agency they have done so. If he or she complies within the 30 days, the household remains eligible.
    

5. Deposits made into a joint account may also be considered as available income in the month that the deposit is made. See Sections 5160-1 and 5160-2.