Aid and Attendance is a pension benefit, which means it is available to any honorably discharged veteran who served at least ninety (90) days, with at least one (1) day during war time. For more information, visit:

 

     There is no combat service requirement. War time dates are as follows:

World War II: December 7, 1941 through December 31, 1946

Korean War: June 27, 1950 through January 31, 1955

Vietnam War: August 5, 1964 (February 28, 1961, for veterans who served "in country" before August 5, 1964), through May 7, 1975

Gulf War: August 2, 1990, through a date to be set by law or Presidential Proclamation

 

      The veteran does not have to have service-related disabilities to qualify. Veterans or surviving spouses are eligible if they require the aid of another person to perform an everyday action, such as bathing, feeding, dressing, or going to the bathroom. This includes individuals who are bedridden, blind, or residing in a nursing home. 

 
      To qualify for the Aid and Attendance benefit, the veteran or spouse must have less than $80,000 in assets excluding their home and one vehicle. The VA has very complicated rules on what you can do to legally get below the $80,000 limitation.

      Additionally, the veteran's income must be less than the Maximum Annual Pension Rate (MAPR). The following chart shows the maximum annual pension rates for 2009:

Single Veteran: $18,234.00
Veteran with one dependent: $21,615.00
Single surviving spouse: $11,715.00
Surviving spouse with one dependent: $13,976.00
 
      Unreimbursed medical expenses actually paid by the veteran or a member of his or her family will offset income. This can include Medicare, Medigap, and long-term care insurance premiums; over-the-counter medications taken at a doctor's recommendation; long-term care costs, such as nursing home fees; the cost of an in-home attendant who provides some medical or nursing services; and the cost of an assisted living facility. These expenses must be unreimbursed (in other words, insurance must not pay the expenses). The expenses should also be recurring, meaning that they should recur every month.
 
      How it works. The amount a person receives depends on his or her income. The VA pays the difference between the veteran's income and the MAPR. For example, John, a single veteran, has income from Social Security of $16,500 a year and a pension of $12,000 a year, so his total income is $28,500 a year. He pays $20,000 a year for home health care, $1,122 a year for Medicare, and $1,788 a year for supplemental insurance, so his total medical expenses are $22,910. Subtracting his medical expenses from his income ($28,500 - $22,910), John's countable income is $5,590. John could qualify for $12,644 ($18,234 - $5,590) in Aid and Attendance benefits.

      The Aid and Attendance program is a very valuable benefit that many eligible veterans are missing. If you are a veteran or the surviving spouse of a veteran that is receiving in home care or living in an assisted living facility, then you should contact the Law Offices of Bradley J. Frigon to determine if you qualify. 

 
      What are their assets? It's important to establish roughly how much money your parents have in cash, investments and savings accounts. What is their monthly income from pensions and Social Security and other sources? What are their monthly expenses? Do they have any debt? What kind of investments do they have? Are those investments appropriate for their age and current needs? Do they have any other sources of income available to them?

      Do your parents have an estate plan in place? For documents used during their lifetime, the key legal documents are a general durable power of attorney to manage finances and a health care durable power of attorney to make medical decisions. Do you understand your parents' wishes for end of life decisions? Do they have the right legal documents in place to make that happen?

      Do your parents have a will or trust for the disposition of assets at death? When is the last time your parents had their will or trust reviewed and updated? Your parents should have a list and all supporting documentation of their important information (including funeral and burial preferences) in one place, and they should let you know where to find this information in case you need it. You should consult with a certified elder law attorney to ensure that your parents' plan is comprehensive and integrated. If they have a safety deposit box containing estate planning documents, jewelry or other valuables, find out where the key is stored. This will make it easier to sort out their affairs if they fall ill or die suddenly.

      Will your parents need to access Medicaid to pay for long term care in a nursing home or assisted living facility? Are your parents eligible for a nonservice related pension from the Veterans Administration?

      Are your parents seeing a physician who is well-informed about the issues common to older patients? Geriatric physicians are invaluable resources, but they can be hard to find. If your parents require services from multiple specialties,  hiring a care manager to help coordinate healthcare services can be a big help, especially if the children do not live nearby or are too busy with their own jobs and families. Think of the care manager as a general contractor who will investigate your parents' needs, coordinate their care, and link the family with health and support resources.

      Is their current living arrangement appropriate for their current situation? Can someone help them make their home more comfortable? Simple changes such as removing throw rugs may help prevent falls, and if your parents get up during the night to use the restroom, then you can install motion-triggered nightlights to light the path. You might want to discuss other housing options, such as independent living, and assisted living facilities, so you can be prepared financially if and when the need arises.

      Are your parents feeling secure about driving? This can often be the most contentious issue between parents and children. The parents want to maintain their independence, and the children are concerned about safety. Seniors who are still capable of driving can enroll in the two-day 55 Alive driver safety program sponsored by the American Association of Retired Persons (AARP). If it appears that your parents will have to stop driving, the adult children should not be the ones to take the keys away. A care manager will help facilitate this discussion and can help ease the transition by arranging alternate methods of transportation.

      If possible, parents and children should discuss these issues face-to-face. The atmosphere should be one of comfort and collaboration, not confrontation. Children should emphasize that their top priority is ensuring that their parents' wishes are honored and carried out. There is no need for children to parent their parents; rather, they should become partners in helping their parents manage their lives. If possible, all family members should be on board; sometimes it may be necessary to involve a third-party facilitator, such as a care manager or a certified elder law attorney. Above all, be patient - most issues may not be resolved with the first conversation. The key is to start the ongoing dialogue and to seek the advice of professionals.

      Talking to aging parents about their financial circumstances can be an uncomfortable role reversal. But familiarizing yourself with your parents' affairs will bring both you and them peace of mind and better prepared to handle any emergencies that may come up.

      For more information on this topic, please contact our office or visit our website at www.bjflaw.com.