VA Pension (Aid and Attendance with pension)
Many vets with low income or limited assets can qualify for a base-level pension. Veterans and survivors who are eligible for a VA pension at the base rate and require the aid and attendance of another person, or are housebound, may be eligible for additional monetary payment. These benefits are paid in addition to monthly pension, and they can in some cases supplement other benefits. Since Aid and Attendance and Housebound allowances increase the pension amount, it is important to apply if you are eligible.
In other cases, veterans who are not eligible for a basic pension due to excessive income may be eligible for pension at these increased rates because the VA allows the vet to reduce effective net income by subtracting unreimbursed medical expenses. A Veteran or surviving spouse may not receive Aid and Attendance benefits and Housebound benefits at the same time.
Aid & Attendance (A&A)
The Aid & Attendance (A&A) increased monthly pension amount may be added to your monthly pension amount if you meet one of the following conditions:
- You require the aid of another person in order to perform personal functions required in everyday living, such as bathing, feeding, dressing, attending to the wants of nature, adjusting prosthetic devices, or protecting yourself from the hazards of your daily environment
- You are bedridden, in that your disability or disabilities requires that you remain in bed apart from any prescribed course of convalescence or treatment
- You are a patient in a nursing home due to mental or physical incapacity
- Your eyesight is limited to a corrected 5/200 visual acuity or less in both eyes; or concentric contraction of the visual field to 5 degrees or less
This increased monthly pension amount may be added to your monthly pension amount when you are substantially confined to your immediate premises because of permanent disability.
Service Connected Disability Compensation
Veterans injured in service may be eligible for disability benefits. If you were injured in service, or if your condition was aggravated by service, you might be eligible for compensation. If you served in Vietnam or (in some cases) other areas and were exposed to Agent Orange or other herbicides, you might be eligible for compensation based on your current illnesses. Even if all you need are hearing aids, if you served in the vicinity of loud sounds, you might be eligible for free hearing aids for the VA. Call us and find out!
Veterans’ Benefits Planning
Planning for VA Benefits — Analysis for a fixed fee, please call for details
- This includes discussion of your eligibility for pension and/or compensation based on the current medical, military, and financial criteria used by the Veteran’s Administration
- Discussion about finances and how to structure your assets to qualify for one or more of the various VA benefits
- Discussion about the inter-relationships between Medicaid and VA benefits
- Short and Long-term strategies for a successful benefits application
Once the analysis is completed, if you decide to apply, considering the consequences and how securing your wealth for VA benefits could affect your future Medicaid eligibility, the VA Pension application is provided to the Veteran at no charge for the Initial Application.
Each case is a benefit computed by the VA based on your unique facts, but could you use an extra $1,000/mo? Or $2,100 for a couple with high medical expenses? Who couldn’t?
another person (the “ward”).
This ability to act is for either the ward’s personal or financial affairs and is granted to the guardian because the ward, due to a specific mental or physical impairment, lacks sufficient capacity to make or communicate important decisions. These decisions may be relative to her person, family, or property (the “person”) or to her personal or financial affairs (the “estate”).
Guardianship is not the first choice … you should work to identify other alternatives, including Powers of Attorney, Trusts, and other contractual agreements. If there is no suitable alternative, especially if the proposed ward lacks competency to agree to these actions, then a guardianship might be the only choice.
Capacity to make decisions may vary from time of day to different days, and might affect different decisions. For example, a person might be able to make a will, but not be able to decide how to spend money in their checking account. We can help you decide what decision making capacity your loved one has, and how best to help her work with the family to protect herself and her interests.
If you do not have valid Powers of Attorney, please talk to us about your options, including guardianship.
In an Emergency
If the situation is an emergency, we can often help you arrange a very prompt hearing to assign a temporary guardian while the issues are decided in court. If your loved one is being abused or is in danger, you should also consider contacting appropriate individuals in charge at your facility, Adult Protective Services, or local law enforcement.
Call us for peace of mind, and to understand the important role of the Guardianship. We can also discuss the need to have a current, valid, recorded power of attorney!
If you are a new guardian or trustee and want to understand the role and what you have to do while a guardian or trustee, please contact us for specialized training.
In most cases, we discuss your concerns and help you find the right attorney for the petition for guardianship. This is a specialized area of law and it is very important to have experts assist you. We are very knowledgeable in Elder Law, but not in guardianship … for this reason we work with you and your guardianship attorney for the best possible outcome on all aspects of your case.