Medicaid Policy
Medicaid Policy
Previous Policy (413-5 was previously found in 403-15 until November 1, 2021)
Non-MAGI Based Programs
1. Joint Accounts. Deposits to joint checking and/or savings accounts by a non-household member are countable income to the individual. A non-household member includes someone living in the same home whose income is not counted or deemed to the applicant or recipient.
a. If the individual states that the deposits are not their income, allow them to submit proof of this. If the evidence shows that some deposits are not available for the individual's use, then do not count those deposits as income.
b. If it is determined the deposits do not belong to the individual, they must either take their name off the account or have the other account holder withdraw funds that do not belong to the individual.
c. If the funds are not withdrawn or the individual's name removed, count any future deposits as unearned income. (See 511-3 on resources.)
2. Guardian, Conservator, or Representative Payee Accounts. A legal guardian, conservator, trustee or representative payee is acting as a fiduciary for someone else. This means they are to use the funds only for the benefit of that other person. (See 3 when the person is a trustee.)
a. If the individual is the representative payee, legal guardian or conservator for someone else, the account must show that relationship on the account name or signature cards.
i. If the joint account shows this kind of relationship, do not count deposits made to the account as income to the individual, unless there is evidence the individual is also putting their own income into the account.
ii. If the individual is putting their own income into the account, require them to separate the funds or the funds will be counted as being available to them. (See 511-2)
b. If the account does not indicate a relationship of representative payee, legal guardian or conservator for someone else, but the individual states they are the payee, they must:
i. Modify the account to show the payee relationship, or
ii. Remove their name from the account. See 413-4.
c. The account must show a representative payee relationship, and the individual must not put their own funds into that account even though the arrangement is an informal agreement to enable the individual to help manage the other person’s funds. (See 511-3).
3. Trustee. If the individual is a trustee, request a copy of the trust agreement. Follow trust policy found in 413-4 and 512 to determine if income or assets of a trust are available to a trustee.