Page 22

Chapter: 1600 Assets Program: RAP 19 1660.0302.01 Joint Ownership of Bank Accounts (RAP) When an individual is a joint account holder who has unrestricted access to the funds in the account, you must presume all of the funds in the account are owned by the individual. This presumption is made regardless of the source of the funds.

If the individual alleges the funds in the account belong to someone else, you must allow the individual to submit evidence to challenge this presumption. If the challenge is successful, do not count the funds in the account as an asset to the individual for any month. (If the individual never owned the funds, they were never his.) If the challenge to the presumption of ownership is not successful, you must consider the funds as an asset to the individual. This policy applies to checking accounts, savings accounts, certificates of deposit and other jointly owned financial accounts.

When an individual is a joint owner of an account, the amount that must be considered as an asset depends on:

1. whether the other joint owner is an applicant or recipient; and 2. the individual's actual ownership interest in the funds in the account.

If the joint owner(s) is an applicant/recipient enrolled or eligible for Medicaid, the total funds in the account are presumed to be equally shared.

If the joint owner(s) is not an applicant/recipient enrolled or eligible for Medicaid, the entire balance of the account is considered as the asset value. 1660.0302.03 Rebuttal of Ownership (RAP) When an individual has unrestricted access to the funds in a joint account but does not consider himself an owner of part or all of the account funds, the individual must be allowed to prove non- ownership of the funds. The individual must provide proof that the account funds are not used to meet his needs. In addition, the individual must explain why his name is on the account.

In order to successfully rebut full or partial ownership, the individual must provide the following three items.

First, the individual must provide a written statement describing:

1. any claims about ownership of the funds or interest from the funds; 2. the reasons for establishing the joint account; 3. the individual that made deposits to and withdrawals from the account; and 4. information on how withdrawals were spent.

Second, the individual must provide a written statement from the other joint owner(s) confirming this information.

Third, the individual must provide documentation from the financial institution that the individual's name has been removed from the account or the individual no longer has access to the funds in the account. This is not considered to be a transfer of assets. 1660.0304 Ownership of Real Property (RAP) Ownership of real property can consist of an interest in the title or a right to the use of the property without title to the property. The owner of real property is generally the individual who has legal title and the right to control the property.