Question:  My 87 year old mother is in declining health and needs to move to assisted living.  I’m worried about the cost because she’s on a fixed income.  My father served during World War II.  Is she eligible for any kind of Veteran’s benefit?

Answer:  The surviving spouse of a veteran who served at least 90 days of consecutive active duty service, at least one day of which was during wartime, may qualify for a non-service connected pension from the Veterans Administration.  The surviving spouse must have been married to the veteran for at least one year (or have had children by the veteran if married less than one year) and been living with the veteran throughout the marriage and at the time of the veteran’s death. 

If your mother has limited assets, and if the cost of assisted living, combined with her other out-of-pocket medical expenses, will exceed or come close to her total annual gross income, she should be eligible for a widow’s pension.

Debra A. Robinson, Esq.
Robinson & Miller, P.C.
Alpharetta, Georgia  30005
770-817-4999
Member of the national ElderCare Matters Alliance, Georgia chapter

Question:  Would you please provide me with some information re: gifting as it relates to VA planning for Aid & Attendance.  It is my understanding that there are no penalties involved for gifting assets in order to reduce resources to approved levels.  Mom’s income is less than the medical expenses that she will pay in the assisted living facility, but her assets are a bit too high.

Answer:  At this time, gifting does not create penalties (or periods of ineligibility) for the purposes of VA pension benefits.  That being said, gifting for VA purposes may create penalties (periods of ineligibility) for the purposes of future applications for Medi-Cal for skilled nursing facilities.  Any time you do gifts for VA purposes, you should be structuring a plan that ensures that you will not be creating periods of ineligibility for future Medi-Cal applications.  Often a stroke, hip fracture, heart attack, or some other unexpected medical hospitalization and subsequent discharge to a skilled nursing facility will create a need for Medi-Cal benefits within the look-back period (currently 30 months after the gift was made, or 60 months in the case of gifts to irrevocable trusts, and 60 months for all gifts in the future when the Deficit Reduction Act is implemented with filing of final regulations with the Secretary of the State of CA).  If you have not structured the gifts to create either no period of ineligibility or very minimal period of ineligibility, then you will have shot yourself in the Medi-Cal foot when you do your VA pension gifts.  Because the gifting rules for Medi-Cal are complicated, see an experienced California attorney who knows the current rules about gifting.  Be sure to ask the attorney if they are experienced in the laws governing gifting under Medi-Cal and if they can structure a gifting program that will not create a period of ineligibility, or that will greatly minimize any gifting period of ineligibility.  Also, if you are thinking of gifting real estate, the rules are even more complicated for purposes of VA pension or Medi-Cal, and you will need an attorney with experience in both areas of law.  Any time you gift an asset that has appreciated in value since purchase, there will be tax issues to evaluation, discuss, and account for—income tax issues, capital gains step-up issues, 121 exclusions, property tax reassessment issues, so do not try to do this on your own.  Lastly, when someone needs VA pension now, it is not unlikely that they will need Medi-Cal within a matter of months or a few years, so always consider that VA gifts may create Medi-Cal penalties if not structured properly.   The area of gifts for VA and Medi-Cal is not a do-it-yourself proposition.  Get good legal advice and guidance. 

Dallas Leigh Atkins, Esq.
Law Offices of Dallas Atkins
Santa Barbara, CA  93101
805-687-8782
www.AtkinsElderCareLaw.com
Member of the national ElderCare Matters Alliance, California chapter

Answer:  If you are a professional who helps families plan for or deal with ANY of their elder care matters, then you owe it to yourself to be listed on America's #1 online source for "Elder Care Experts"….

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ElderCareMatters.com

 

 

 

Answer:  Although I don’t know exactly what benefit this gentleman applied for through the VA, I would highly recommend that he look into the Aid and Attendance pension to help pay for assisted living.  Aid and Attendance is available for veterans (or their widowed spouses) who served at least 90 days of active duty, with one day during a period of wartime.  They do not have to have been in combat.  

To be eligible, the veteran (or his widowed spouse) must have recurring medical expenses or care costs such as the Medicare premium, supplemental insurance premiums, prescription drugs, etc.  The VA also allows the monthly rent at an assisted living community as a medical expense if the veteran’s doctor states that he needs assistance with some of his daily activities, such as making meals, driving, bathing, dressing, taking medications, or if he needs a protective environment due to dementia. 

If the veteran moved to assisted living, that monthly cost may lower his income enough for him to qualify.  I would recommend that your acquaintance contact an attorney who is accredited with the VA and talk with that attorney about how to qualify. The maximum pension for a married veteran is $1949 per month and the maximum for a single veteran is $1644 per month.   If he obtains this pension, these tax-free benefits will help pay for his assisted living so that he can get the care that he needs.

To locate competent elder care professionals who are located near You and can help you with this type of elder care matter, go to: www.ElderCareMatters.com - A FREE online source to find elder care experts across America plus information & answers about a wide range of elder care matters.

Angela N. Manz, Attorney at Law
The Law Firm of Angela N. Manz
Virginia Beach, VA  23452
757-271-6275
Member of the ElderCare Matters Alliance, Virginia chapter