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Accounts have been jointly owned for last 8 years in Oregon.

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Yes, it's Medicaid not Medicare.

Sister is on the deed as part owner? Do they live together? Under Medicaid the home is an exempt asset until death. At the time of death a lien will be placed on the half the recipient owns. The person residing there can remain but if they sell the house the lien has to be paid. When they die, the house needs to be sold to satisfy the lien.

Is sister just joint owner on elders account for convenience or have they co-mingled their money? Any account with the elders name on it is considered the elders money in the eyes of Medicaid unless proven otherwise. When Mom at 80 went to have a new Will drawn up and POAs, she was advised by the lawyer to remove her name from my disabled nephews checking account. Because Medicaid would considerate hers.

You may want to consult with an Elder Lawyer.
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"Medicaid is a government program that provides health insurance for adults and children with limited income and resources. The program is partially funded and primarily managed by state governments, which also have wide latitude in determining eligibility and benefits, but the federal government sets baseline standards for state Medicaid programs and provides a significant portion of their funding."

Source: https://en.wikipedia.org/wiki/Medicaid

Therefore, since this is a global and anonymous forum, please consult with a Medicaid Planner for the state of Oregon.
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Medicare is not means tested at all. Everyone over 65 who has paid into the system can get Medicare

Medicaid is highly state specific. You need to take your question to a knowledgeable lawyer or Medicaid planner.
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There are other knowledgeable people that will hopefully weigh in on this. But my understanding is that if they the accounts were funded with mom’s income, and the house was paid for by mom (and dad?) and sister has been on the deed for less than 5 years, the money is all considered mom’s.

So if sister took money for herself from said accounts, that will be considered gifting and will pose a problem for the Medicaid application.

If sister lives in the house, that brings in other considerations. Mom will need an elder care attorney. But it sounds like maybe sister should arrange that, as she is the one whose name mom put on all the assets.
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LilyLavalle Jan 27, 2024
Sorry, I thought you were asking about Medicaid.
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