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6 N.J.A.R. 366

Union County Board of Social Services v. M., M
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Citation: 6 N.J.A.R. 366
Decision Date: 1982
Agency: DIVISION OF PUBLIC WELFARE
Synopsis: A county welfare agency sought to terminate AFDC and food stamp benefits to respondent because it claimed she had excess re- sources in the form of a savings account. The administrative law judge assigned to the case found that the respondent's mother had opened a bank account in respondent's name as she had done for all her children. The family had an understanding that the money belonged to the mother and had been placed in the accounts in their names only to facilitate transfer should their mother die. When called upon to do so by their mother, the children signed their names to papers presented to them in order to allow their mother to close and re-open the accounts. The judge concluded that the mother had not made a gift of the funds to the children since she lacked donative intent. She had never given her children control of the funds and had retained possession of the bank books at all times, no withdrawals had been made by the children and they had followed their mother's directions when she needed their signatures to open and close accounts. Accordingly, the administrative law judge determined that the bank account was not an available resource and ordered the respondent restored to full benefits.