Eligibility Online Manual
M802 Determining Resource Ownership And Availability
Purpose: This section will assist in determining ownership and availability of resources.
Current Policy Effective Date: July 1, 2007
Date Last Reviewed: May 24, 2007
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 by providing a declaration stating:
Who owns the funds.
Why there is a joint account.
Who had made deposits to and withdrawals from the account.
How the funds have been spent as verified by any of the following:
Statement from the other account holder(s) verifying the client’s statement.
Account records showing deposits, withdrawals and interest for the Month ownership is an issue.
Evidence showing the client can no longer withdraw funds from the account.
Evidence the client has been removed from the account, the funds have been removed by the other account holder(s), and/or redesignation of the account.
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.
Defining Requirement: 20 CFR 416, Subpart L
42 CFR 435, Subpart G
Wyoming Statute Definition of Property Ownership
Real property is fixed, permanent or immovable, this includes land, houses, buildings or mobile homes. Unless there is a legal condition of ownership specifically prohibiting sale of any part of the resource without permission of all owners, the client's share is an available resource.
Definition of Joint Tenancy
Joint tenants have legal ownership where both parties have undivided interest in a piece of property. Both equally own the entire property. The joint tenancy ends when one of the two individuals dies. At that point in time, the survivor solely owns the entire property. No heirs inherit from the person who died. Neither party may convey or encumber his or her interest in the property without the consent of the other.
Definition of Joint Tenancy with Survivorship
This is identical to Joint Tenancy. The right of survivorship is the term required in Wyoming to allow the surviving joint tenant to claim their interest after the death of the other tenant. This title is needed to keep heirs from inheriting the property.
Definition of Tenancy in Common
Each tenant (owner) holds an undivided interest in the property. However, unlike a joint tenancy by the entirety, the interest of the tenant does not terminate upon his or her death. Their interest will go to their heirs or the estate.
Definition of Ownership by Entireties
This is identical to Joint Tenancy, and created between a husband and a wife.