POL M802:  DETERMINING RESOURCE OWNERSHIP AND AVAILABILITY 

1.    Resources Are Unavailable When Legal Barrier Exists

A legal barrier is defined as an inherent legal restriction on the right to sell, convey or transfer the client's share or ownership of a resource.

2.    Resource Ownership Implies Resource Availability

3.    Fund Availability May Be Assumed

All funds may be assumed available to the applicant/client when there are multiple owners of a bank account, CD, or other resources and the other owner is not a Medicaid client.

4.    Resources May Be Considered Available

Resources or portions of resources are considered available when any of the following conditions apply:

• • Individual can withdraw funds.

  • Individual can sell resource or owned interest in the resource.

  • Individual can dispose of the resource in any way.

  • Resources, or portions of resources, owned by multiple people can be accessed without permission of co-owner, even when statement of refusal to sign is furnished.

5.    Resources May Be Considered Unavailable

Resources are considered unavailable when any of the following is true:

• • Document or signature card stipulates more than one signature is needed to withdraw or convert all or part of the resource to available cash, and the other owner(s) refuses to sign.

  • Applicant or client can no longer withdraw from the account.

  • Applicant or client has been removed from the account

  • Funds have been removed by the other account holder(s).

  • Account has been redesignated.

6.    Individuals May Dispute Ownership of Funds

Individuals may dispute the ownership of funds in a Financial Institution and they must: 

(i) Submit his/her statement, along with corroborating statements from other account holders, regarding:

• Who owns the funds in the joint account

• why there is a joint account 

• who has made deposits to and withdrawals from the account 

• and how withdrawals have been spent

(ii) Submit account records showing deposits, withdrawals, and interest (if any) in

the months for which ownership of funds is at issue; and

 (iii) Correct the account title to show that the individual is no longer a co-owner if

the individual owns none of the funds; or, if the individual owns only a portion of

the funds, separate the funds owned by the other account holder(s) from his/her

own funds and correct the account title on the individual's own funds to show they

are solely-owned by the individual.

7.    Individuals Must Be Aware of Resource Ownership

Resources are not available during a period when the individual was unaware of their ownership. Resources must be counted the month following discovery.