Discovering Veterans’ Benefits for Seniors

by: 
James Malee

The Veteran’s Administration offers many different benefit programs for our veterans. The benefit programs range from health care services and education to home loans and dependents benefits. There is a VA benefit that remains largely unknown to most seniors and their family caregivers: the VA Aid and Attendance Benefit.  

If you a veteran who needs nursing home care or resides in an assisted living facility, or if you live at home and pay aids or attendants to assist you with activities of daily living, then you may be eligible for Aid and Attendance.

What is the Benefit?
If you qualify for the program, you may be entitled to monthly benefits to help pay for your atten¬dant care services. The amount of the benefit depends on your marital status, your monthly income and the cost of your attendant care. The Aid and Attendance Benefits can range as follows: up to $1,632 for the veteran; up to $1,055 for the surviving spouse; or up to $1,949 for the veteran and spouse.

The Eligibility Rules
To qualify for Aid and Atten-dance benefits, the senior must meet the following rules:
• The veteran must have served
90 days or more with at least 1 day during a period of war time, not have been dishonorably discharged.
• The veteran must medically
require the assistance of another to perform activities of daily living (such as eating, dressing, bathing). If the veteran is in a nursing home or assisted living facility, this rule is automatically satisfied.
• The veteran must have less than
$80,000 in assets, not counting his home and vehicles.
• The veteran must have less
income than the benefit amount.

If you a veteran who needs nursing home care or resides in an assisted living facility, or if you live at home and pay aids or attendants to assist you with activities of daily living, then you may be eligible for Aid and Attendance.

What if I Have Too Much Income or Assets?
If the veteran has assets greater than $80,000, the veteran may be able to transfer the excess assets to an irrevocable trust or to family and the assets will be disregarded. Un¬like Medicaid benefits, there is no ineligibility period triggered by the transfer or gift of assets.
If the veteran’s income is greater than the benefit amount, the cost of his attendant or the cost of his assisted living care can be deducted from his income to arrive at his Aid and Attendance Benefit amount.

How Do I Apply?

The veteran or the veteran’s family should contact the local Vet¬eran’s Affairs Office. The Veteran’s Service Officer will have a list of the required documentation and can assist the veteran with the applica-tion process.

The veteran should also consult with an elder law attorney before engaging any gifting plan to coor-dinate the plan with other benefits that may be available to help pay for attendant care.

Where do we find answers to these questions?
We have been helping families like you with these and other Elder Law issues since 1990.  The Malee Law Firm has devoted its practice to helping you understand your long term care options and protect what’s yours now. The earlier you act, the more options are available to you, but it’s never too late to plan.

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