The CAO determines ownership of resources. It considers only those resources that are available. This includes resources in which the individual has only part ownership interest.
If the individual has a spouse living in the community, the CAO will determine the couple’s countable resources using Section 440.9, Spousal Impoverishment.
If the individual jointly owns a resource with someone who is not a spouse, the CAO will determine ownership. With part or shared ownership, all or part of the resource may not be available.
A resource is available if:
There is proof of ownership or partial ownership, and
There is a right and ability to use or dispose of the resource
An account title by itself does not mean a resource is available.
Example: Any party named on a joint bank account (two or more names) has a right to withdraw money. That right does not indicate ownership.
When determining whether an account is available:
· If there is one name on the account, the owner is the individual whose name is on the account. Assume that the entire account is available.
· If the account uses the words “and,” “or,” or “and/or,” each individual listed owns the amount of his contributions unless there is clear and convincing evidence to prove otherwise.
NOTE: If one individual contributes all the money in the account, the CAO assumes that the account is available to that individual.
Example: Brian applies for LTC services. He has a checking account and a savings account. Both accounts also have his daughter’s name on them. The CAO tells Brian that the money in the accounts is a resource, except for the amount his daughter contributed. Since Brian did not show evidence that his daughter contributed to the accounts, the CAO counts the total amount in both accounts as a resource to Brian.
NOTE: If the individual shows proof that all owners contributed to the account but it cannot be determined how much each individual contributed, then each person listed owns an equal share.
NOTE: Affidavits signed by owners of the account should be supported by third party proofs such as bank records or statements from bank personnel or other individuals who have direct knowledge of the money in the account.
If the account is titled “in trust for,” it is a tentative trust (also called a Totten Trust), unless there is a written trust document. If there is one name on the account, the owner is the individual whose name is on the account. Assume that the entire account is available.
NOTE: The trustee owns the tentative trust. The beneficiary has no rights to the account until the trustee’s death.
The bank’s opinion as to who owns the account is not a legal opinion. The bank can determine which signatures are required to withdraw money.
The CAO must count the entire trust as an available resource if the trust holder makes the trust account available.
The CAO will review trust accounts established within the required look back period and determine if the individual (and community spouse if there is one) received fair consideration. See Section 440.8, Disposition of Assets and Fair Consideration. The individual must provide proof of all trusts.
NOTE: Income may be available from a trust even if the principle of a trust is unavailable. See Chapter 450, Income, Section 450.21, Income from a Trust.
The CAO will review the proof of ownership and determine whether real and personal property is available:
Assume that resources owned solely by the individual are available.
Assume that the individual’s share of a resource is available if he can dispose of it without consent of the other owners.
Assume that shared resources are available if the owners will sell or make the resource available to the individual.
NOTE: If there is no proof to the contrary, assume that each owner of a liquid resource owns a share in proportion to his contributions.
55 Pa. Code § 178.4(e)(4) 55 Pa. Code § 178.51(b)
Assume that the resource is not available if the individual needs consent of the other owners to dispose of resource, and they refuse. The individual must verify the shared ownership and the refusal at application and at least as often as each renewal.
If the individual shows information that disproves ownership, the CAO may not count the resource. Otherwise, the CAO will count the resource.
Updated March 14, 2023, replacing March 12, 2012