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Page 4 of 5 § 10:71-4.2 Countable resources County board of social services was right to conclude that the countable resources of a 78 year old widow included a checking account that contained more than $ 70,000 even though her son, who was a co-owner of the checking account, insisted that nearly $ 60,000 of those funds were the proceeds from the sale of his house in which his mother had no legal interest. The widow was not under any disability or guardianship and the manner in which the account was titled - as an "or" account - meant that the widow had unrestricted access to all of the funds contained therein. S.M. v. Camden Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 04755-15, 2015 N.J. AGEN LEXIS 456, Initial Decision (November 20, 2015). ALJ rejected a determination of a county social services board finding that an applicant seeking Medicaid for nursing facility care was chargeable with annual income of $ 2,472.41 based on annual K-1 tax filings. Those filings related to a family trust granted under Texas law in 2004 into which the proceeds of the sale of the applicant's house were deposited. The trustee was not permitted to make distributions to the applicant but could make discretionary payments for her health and welfare. The evidence also showed that, in reality, the applicant did not receive any funds from the family trust nor have any power to compel such distributions. C.S. v. Cape May Cnty. Bd. of Soc. Servs., et al., OAL DKT. NO. HMA 1648-15 (ON REMAND HMA 9473-14), 2015 N.J. AGEN LEXIS 513, Decision on Remand (October 14, 2015). Medicaid recipient was properly found ineligible for continuing benefits based on her receipt of $ 26,855.97 in proceeds from a settlement of a lawsuit because such proceeds were a "resource" and a "countable resource" as defined in governing law; because the recipient was unable to detail how she used the proceeds; and because its receipt meant that her monthly income exceeded the applicable income ceiling. D.B. v. Union Cnty. Bd. of Soc. Servs., OAL DKT. NO. HMA 10797-15, 2015 N.J. AGEN LEXIS 509, Initial Decision (August 25, 2015). Applicant for Nursing Home Medicaid (NHM) was improperly denied eligibility on the ground that her resources of $ 6,725.44 from several bank accounts exceeded the $ 2,000 Medicaid eligibility limit. Specifically, an investment account holding $ 5,658.88 should not have been counted as a resource of the applicant notwithstanding that her name was listed as a joint tenant thereon because the applicant's daughter, who was the source of all deposits into that account, credibly testified that she had added her mother's name to the account at a time when she was residing with her mother; and that her mother was currently an "incapacitated" person and the daughter had been appointed as her mother's temporary guardian. The daughter's testimony was forthright, sincere and uncontroverted. Given that fact and given the further fact that the mother's incapacity foreclosed her from independently accessing the investment account, the funds held therein should not have been counted as the mother's resources for purposes of NHM eligibility. F.J. v. Camden Cty. Bd. of Social Servs., OAL DKT. NO. HMA 15125-14, 2015 N.J. AGEN LEXIS 261, Initial Decision (April 30, 2015). Life insurance policy owned by an applicant for Medicaid Only was a "countable" resource for the purpose of determining the applicant's eligibility for benefits. Because inclusion of the cash surrender value of the policy with the applicant's other resources meant that she exceeded the resource limit of $ 2,000, her application was properly denied. P.J., v. DMAHS and Union Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 9140-2014, 2014 N.J. AGEN LEXIS 1300, Final Administrative Determination (October 28, 2014). Morris County Board of Social Services correctly determined that a Medicaid applicant's entrance fee to a continuing care retirement community (CCRC) constituted a countable resource under N.J.A.C. 10:71-4.2 and that his countable resources exceeded the amount of exempt assets available to his community spouse. The provisions of the CCRC contract satisfied the Centers for Medicaid and Medicare Services' interpretation of 42 U.S.C.S. § 1396p(g)(2)(B). Thus, the Board of Social Services appropriately denied the Medicaid application. M.G. v. DMAHS and Morris Cnty. Bd. of Social Serv., OAL DKT. No. HMA 13509-13, 2014 N.J. AGEN LEXIS 98, Initial Decision (February 26, 2014). Determination by a county board of social services imposing a penalty period of five months and 17 days before a 97-year-old woman could receive Medicaid Only benefits based on a finding that $ 479 in monthly income was properly imputed to her by reason of her life estate in a family home was reversed because the governing regulations, including N.J.A.C. 10:71-5.4(a) and N.J.A.C. 10:71-4.2(b)1, did not authorize the board to find that the