Walnut Creek Elder Law Blog

It is not a requirement that the Veteran purchase an annuity and/or sell his home in order to qualify for the VA “Aid and Attendance” benefit. And, in the majority of cases, neither is necessary. An elder law attorney who deals in this area of planning, will in most instances be accredited by the VA to file claims for their clients. We receive calls from family members who complain bitterly that they sold their parents’ home and bought an annuity at the advice of someone, to obtain qualification for VA benefits. They find out later that the purchase of an annuity and sale of the home were both unnecessary. The Veterans Administration has a non-service connected benefit available as a potential source of funds to help pay for long-term care costs for the disabled veteran who is at home or in an assisted living facility. It is a program called “Aid and Attendance”, and is available for Vets who are disabled due to the issues of old age, such as physical disabilities, Alzheimer’s, Parkinson’s or multiple sclerosis. The Vet needs to show that he is in need of regular aid and attendance on a regular basis. Needing help with various “activiities of dailly living”, is a good measure of the test. A Vet who is housebound or in an assisted living facility and who is over 65 is presumed eligible for the benefit. A Veteran can receive up to $1,801 per month, and a widow or widower can receive up to $976 per month. There are asset and income requirements. When planning for VA benefits, you must also plan for Medi-Cal benefits at the same time. There is no “look back period” for gifting under VA rules, but there is a “look back period” under Medi-Cal rules. A big transfer of assets to create eligibility for the VA benefit could make the older person ineligibile for Medi-Cal benefits. The home is exempt for qualification under both benefits, so there is no need to sell the home. The home can be protected, however, from a Medi-Cal lien after the death of the recipient. The purchase of an annuity to create eligibility for VA benefits, could make the older person ineligible for Medi-Cal benefits. The annuity may not fit within Medi-Cal guidelines, and could be treated by Medi-Cal as a transfer of assets. Moreover, and more importantly, although not all annuities are bad or unnecessary, the purchase of an annuity, may not be necessary at all. When seeking help to obtain the VA benefit, ask if the person helping you has VA accreditation to file claims. A fee cannot be charged for filing a VA claim, and elder law attorneys will pursue the claim on a pro bono basis. Usually, the VA benefit is only part of long term care planning for the elder client, which will also involve asset protection, disability planning and Medi-Cal planning. Before purchasing an annuity, or any product as part of VA planning, and certainly before you sell the home, it is good advice to contact an elder law attorney for a review. You can see more on this subject in several of my Elder Law Today newsletters as follows: A VA Benefit for Long Term Care Pt. 1 – And to be 85 Again”>A VA Benefit for Long Term Care Pt. 1 – And to be 85 Again VA Benefits May Cover the Cost of an Assisted Living Facility or In Home Care A VA Benefit for Long Term Care Pt. 2 – And Back to Work After the War You can see additional information on this and other subject at my website at WalnutCreekElderLaw.com.