PLANNING FOR VETERAN’S BENEFITS AND AID & ATTENDANCE
Often, people are surprised to learn, the Veterans Administration (VA) Aid & Attendance Special Care Pension provides monthly aid to wartime veterans, as well as surviving spouses of deceased veterans, who require personal assistance in their activities of daily living, to help them pay for care.
Many families are unaware of the benefits available to them, how to check their eligibility, and how to apply. Furthermore, some people have been misinformed — told that they do not qualify for benefits because their income and/or assets exceed the allowed thresholds. The sad fact is that many have been given the wrong advice! Our office is dedicated to helping clients preserve their assets by guiding them through the maze of legal issues, then plan for and obtain these long-term care benefits.
Many veterans and surviving spouses whose incomes are above the congressionally-mandated legal limit may still qualify for monthly Aid & Attendance benefits with the right planning in place. This includes a combination of estate and elder law planning strategies that will protect a family’s assets from being spent on long-term care. Qualifying veterans receive Aid & Attendance funds to pay for in-home care, assisted living or nursing home care, in addition to their monthly pension and Social Security benefits.
If you or someone you love is a veteran (or surviving spouse of a veteran) and needs assistance with activities of daily living – including but not limited to cooking, cleaning, dressing, driving, and mobility – the Aid & Attendance pension benefit program can provide the funds you need to pay for that care.
The Help of an Elder Law Attorney
To ensure that all questions are answered and benefits paid, it is important to seek the assistance of a qualified elder law attorney who is familiar with estate planning, disability, Medicaid and Veterans’ benefits. In fact, only attorneys accredited by the Veteran’s Administration can work with clients and help them apply for benefits.
Over the years, we have helped many veterans and surviving spouses receive the benefits they deserve. Our office is experienced in elder law and provides veterans and their families consultations to decide if it is appropriate to apply for this VA benefit, coordinate the application with any Medicaid planning and eligibility, and determine what steps must be taken.
Aid & Attendance: Special Care Pensions for Wartime Veterans. This report was designed to explain who is eligible, how to qualify, and the steps to take plus it provides answers to frequently asked questions about this program.
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Frequently Asked Questions
How do VA benefits interact with estate planning?
VA benefits – including VA pension, disability compensation, Aid and Attendance, and Survivors Pension – can be affected by the structure of your estate plan and the assets in your name. Estate planning that works well for the general population can inadvertently disqualify a veteran or surviving spouse from needs-based VA benefits.
What is the VA Aid and Attendance benefit?
Aid and Attendance is a VA pension benefit available to wartime veterans and surviving spouses who need help with daily activities or are in a nursing home or assisted living facility. To qualify, veterans must meet service, income, and net worth requirements. The VA net worth limit is $155,356 as of 2024, adjusted annually.
Can a trust help a veteran qualify for VA benefits?
Possibly, but trust planning for VA benefits is complex and subject to VA look-back rules. Since October 2018, the VA applies a 36-month look-back period for asset transfers, similar to Medicaid. Improper trust planning can result in a penalty period. Coordination with an attorney who understands VA benefit rules is essential.
Are VA disability benefits included in my estate?
VA disability compensation is generally not included in a veteran’s taxable estate. However, disability back-pay accumulated in a bank account may be included. Disability compensation also passes directly to the surviving spouse or dependent children outside of probate, not through the will.
What estate planning documents are most important for veterans?
Veterans should have a durable power of attorney, healthcare directive, and a will or trust. Veterans with dependents or surviving spouses receiving VA benefits should also review how beneficiary designations interact with VA benefit eligibility. Surviving spouses receiving Dependency and Indemnity Compensation (DIC) should understand how remarriage affects their benefits.
Does Terry Law Firm serve veterans in both Washington and Utah?
Yes. Terry Law Firm serves veterans and surviving spouses from its Sumner, WA office (Pierce and King County) and its St. George, UT office (Washington and Iron County). Both offices assist with coordinating VA benefits and estate planning documents valid in each respective state.
