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UPDATED: JUNE 2010
500
OTHER ELIGIBILITY REQUIREMENTS
OWNERSHIP AND AVAILABILITY
absence of documentation to the contrary, it is presumed that all joint owners possess equal shares. However, there are special rules for SSI-related A/Rs concerning the availability of financial institution accounts. Generally, for such SSI-related A/Rs it is presumed that all of the funds in a joint account belong to the SSI-related A/R. (See RESOURCES FINANCIAL INSTITUTION ACCOUNTS)
It is not unusual for non-legally responsible relatives to own life insurance on the life of an A/R. A parent may own a policy on the life of an adult child. When someone other than the A/R owns the policy and has the redemption rights, the life insurance is not considered an available resource of the A/R. (See RESOURCES LIFE INSURANCE)
Availability:
All resources owned by the SSI-related Medicaid A/R are considered available unless there is a legal impediment that precludes liquidation. If there is a legal impediment to the disposal of the resources, the resources are not counted in determining resource eligibility until the legal impediment does not exist.
A legal impediment exists when an A/R is legally prohibited from, or lacks the authority to liquidate the resource. For example, a legal impediment exists when an A/R needs the consent of a co-owner of a jointly owned resource in order to sell the resource, and the co-owner refuses to give consent.
When an SSI-related A/R is living with a legally responsible relative (LRR), the LRR's income and resources are generally considered available to the A/R.
When an A/R is residing in the community with an LRR and the LRR asserts that his/her income/resources are not available to the A/R, the eligibility determination depends on whether: (a) the LRR provides financial information; or (b) the LRR refuses to provide the requested financial information.
(a) When the LRR provides information, but refuses to make his/her income/resources available to the A/R, eligibility for the A/R is determinable. When completing a budget, only the income/resources, as appropriate actually available to an A/R are counted.
(MRG)