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Protecting joint account from MassHealth

My dad and I have a joint account with rights of survivorship. It seems possible that he will have to go into a nursing home within the next few months. Do we have to include that account on the application for purposes of paying the nursing home?

Editor's Response

Generally speaking, MassHealth will view a joint account as an asset that is available to pay for the nursing home expense. However, I cannot answer your question and you should really consult a Massachusetts estate planning attorney (especially if the account is large) because there are several factors that might come into play.  For example, the answer to your question may depend, in part, on how long your name was on the account, whether you contributed to the account, or whether your dad intended to make a gift of the money in the account.  Even if none of those issues apply, an experienced attorney might be able to show you how you can use the money to pay for certain expenses related to your dad, such as funeral expenses.  Good luck.

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