VA AID AND ATTENDANCE BENEFITS
The VA Aid and Attendance pension benefit program is provided by the Veterans Administration to veterans and their surviving spouses. This benefit helps to pay for in-home care, assisted living facility and nursing home costs. There are income and asset requirements for qualification. When we plan for the VA Aid and Attendance benefit for our senior clients as part of their long term care plan, we also plan for Medi-Cal benefits at the same time. If this planning is not coordinated and done carefully by an elder law attorney, you may become eligible for the VA Aid and Attendance benefit, but ineligible for Medi-Cal for a long period of time.
You should see a senior law attorney who is accredited by the Veterans Administration to give advice on the Aid and Attendance program, and who is accredited by the VA to file an application for this benefit on behalf of his clients. The senior law attorney is required to make the application on a pro bono basis on behalf of his clients. Beware of individuals and organizations who appear somehow to be connected with the Veterans Administration. Many times they are annuity salespeople, and are certainly not accredited by the Veterans Administration. They make their living by selling annuities. Annuities may at times be a valuable tool for asset protection, but should not be the focus of long term care planning. In addition, the use of an annuity may be a “time bomb” as far as Medi-Cal eligibility is concerned. The annuity salesman may help create eligibility immediately for the VA Aid and Attendance pension benefit by the use of an annuity, but may create long periods of ineligibility for Medi-Cal. Always ask if the person who is offering to give you advice on the Aid and Attendance benefit has been accredited by the Veterans Administration. They must be accredited to file for an application for the VA Aid and Attendance benefit and to give specific advice with regard to the application. If they are not so accredited, they will most likely be in violation of the law.
To be eligible for the benefit, the veteran must have been honorably discharged from the service. The veteran must have also served one day during a wartime period, and must have been in the service during a wartime period for 90 continuous days. Also, it is not a requirement that the veteran saw combat, or that he was injured.
By Michael J. Young, Elder law attorney in Contra Costa County.
Mr. Young’s office is located at 1931 San Miguel Dr., Ste. 220, Walnut Creek, CA 94596. His office number is 925-256-0298 and e-mail is LawYoung1@gmail.com. You may visit his website at www.WalnutCreekElderLaw.com Mr. Young serves senior clients in Contra Costa and Alameda Counties. He also has many senior clients in Brentwood, Antioch, Concord, Alameda and surrounding communities. His long term care plans for seniors helps families prepare to pay for nursing home costs and preserve assets. He also helps his clients apply for Medi-Cal and the VA Aid and Attendance Pension benefit. You may see Mr. Young’s “Nuts and Bolts” Guide to Veteran’s Benefits at the following link. www.walnutcreekelderlaw.com/GuideToVeteransBenefits.html