If you have appointed a family member or friend to make important decisions on your behalf should you become ill, incapacitated, or unable to handle your own affairs, you need to understand how your Veteran’s Aid will affect this power of attorney. Veteran’s Aid benefits will not void your existing power of attorney. The appointed person will still have some say so over major decisions. However, the VA will want to appoint a fiduciary to handle your benefits.

The person with POA may contact the VA, including a specific statement (along with Form 21-4138) explaining their understanding of the VA’s rules and their desire to be appointed as fiduciary. However, an interview is required and because of the overwhelming request for these interviews, it can take several months to obtain approval or denial. In the meantime, the VA might withhold benefits. This is not a mandatory practice, but it can and does occur. However, if your Veteran’s Aid case is such that the delay in payments will create a serious hardship, you can contact the VA about the matter in an attempt to expedite benefits.

The VA understands the desire to maintain an existing POA and to keep your dear family or friend in charge of your affairs. However, they also have to protect your interests, as well as their own. As long as the VA sees fit to appoint your existing appointed POA as fiduciary, you should have few problems in gaining approval. Communication, patience, and follow-up are the keys to navigating through this time-consuming process.

The Elder & Disability Law Firm is a member of the American Academy of Estate Planning Attorneys.

One common misconception is that you can only apply for the Improved Pension Benefit
Program (IPB) if a veteran or a veteran’s spouse has a service-related injury; however this is not
the case.

If your loved one’s health is declining and you have not yet begun the estate planning process
the IPB program will aid in easing the financial burden and offer some respite to you and your
family.

The eligibility requirements for the IPB program for a veteran or a veteran’s spouse are broken
into three programs:

• Basic Pension Benefit
• Housebound Benefit
• Aid & Attendance Benefit

The first criteria for qualifying for IPB is that veteran or their spouse served a minimum of 90
days during any of the following wars:

• World War II
• Korean War
• Vietnam War
• Gulf War

If those qualifying terms are met, you then need to see if you qualify from a financial
standpoint. There is not a clearly defined dollar amount that will ensure that you qualify for
IBP. The VA will conduct a “net worth” analysis of your financial standing. If the veteran or
their spouse qualifies, they will be eligible to receive assistance for cost of living, home health
care, insurance premiums, Medicare premiums, prescriptions, and medical supplies.

To verify whether or not a veteran or veteran’s spouse is eligible for IBP and to navigate the
qualification process it is helpful to assign a specialist to advocate on your behalf. Our firm can
provide you with the guidance you need to evaluate the IBP and other veteran programs that
you qualify for.

The Elder & Disability Law Firm is a member of the American Academy of Estate Planning
Attorneys.

The Elder & Disability Law Firm is a member of the American Academy of Estate Planning Attorneys.

When you apply for veteran’s aid, like any other assistance program, especially those run by a government entity, they are not just going to take you at your word. It is a red-tape process, and they will require documentation to verify a number of important pieces of information used to determine your eligibility. To speed up the process, avoiding any unnecessary delays, you should gather the following documents and be ready to present them to the VA before you apply for benefits.

• You will need military discharge or separation papers (DD-214) as proof of veteran status and if you do not have copies, you will need to request these records.
• Marriage certificate
• Social Security Award Letter
• Financial information (net worth, including bank accounts, investments, and other assets)
• Proof of income from all sources
• Proof of all out-of-pocket/unreimbursed medical expenses, including insurance premiums
• Physician statement and/or nursing home status form
• Information on all doctors and hospitals visited within the 12 months prior to application

Your bank account number and bank routing number for direct deposit of your benefits

Having all of your documentation ready to fax, send by mail, or have available for a VA representative to copy during an in-person application will help to move the process along more efficiently. The VA asks for this documentation to verify your identity, as well as your claims with regard to status, medical information, and need for benefits.

You would not applyif you did not have a legitimate need for and claim to the benefits, and being prepared in advance will help you to feel organized and on top of things in the midst of the red-tape hassles.

The Elder & Disability Law Firm is a member of the American Academy of Estate Planning Attorneys.

Planning for incapacity is a very important aspect of estate planning, Your estate is not just about assets and the distribution thereof; it is also about planning for life’s uncertainties, ensuring that your affairs and major decisions can be handled when your are unable to do so yourself. There are several things you need to consider when planning for incapacity in order to ensure that your affairs are handled correctly.

The following issues should be considered and discussed when planning for incapacity:

• Financial management – paying bills, handling investments, collecting benefits and paychecks, etc.
• Healthcare decisions – who will take on this role and who can be trusted to follow your wishes?
• Housing plans – will the person remain in his or her home or move int a nursing facility if incapacitation occurs?
• Planning for long-term health care costs and possible options – private insurance, Medicaid (or Medi-Cal), SSI, or other income, benefits, or healthcare plans.
• Protecting assets, as well as the interests of the spouse and dependents
• Clear arrangements for the distribution of assets should death occur, providing provision for the spouse and any children, as well as special arrangements for other heirs, charities and more, through the preparation of a will and/or trust arrangements.

Never wait until the inevitable is upon your to begin estate planning. View life as unpredictable and plan for the unknown long before those plans need to go into effect. The expertise of an experienced estate planning attorney is the best place to start.

The Elder & Disability Law Firm is a member of the American Academy of Estate Planning Attorneys.

Far too many unscrupulous people take advantage of the elderly and infirm for the sake of their own financial gain. It happens all the time, and unfortunately, probably will never come to an end. From scams to caregivers misusing and extorting funds or getting themselves written into the will either by duress or under false pretenses, the elderly and ill are vulnerable to victimization an need people on their side who can watch for the signs of financial abuse and can act as their voice in such situations. Financial abuse is not always apparent until it has already occurred or at least begun occurring. There are some signs you can watch for, however.

• Missing funds from the home or any account, this is usually a sign that a power of attorney is being misused.
• Caregiver pressure for funds, presents, favors, or a place in the will
• Refusing to return money or property to the rightful owner once it has been held in a trust
• Other forms of theft or fraud

The elderly are often far too trusting or unable to defend themselves against those who wish to take advantage of them. They often do not know something is amiss until it is too late. That is why it is of the utmost importance that friends and family jeep a close eye on anyone who is left in charge of their loved one’s finances and major decisions and that all caregivers are not only closely screened prior to employment, but also closely monitored.

Keep a close eye on your loved one, their home, their funds, and their property. If you suspect financial abuse, contact a California elder law attorney who can help you to take legal action and attempt to recover damages by advocating for your elderly family member.

The Elder & Disability Law Firm is a member of the American Academy of Estate Planning Attorneys.

Just because you give up the home you have known for years, opting to move into a nursing home or assisted-living facility for the sake of your health and well-being does not mean that you also give up the rights you had before. In fact, you gain another set of rights, and the only thing barring your participation in any aspect of life is your medical condition(s) and the restrictions placed on you by your physician. Otherwise, you have the right to enjoy excellent quality of life with no interference on the part of any member of the nursing home staff.

During intake at a nursing home or assisted-living facility, you should be presented with a hard copy of the Nursing Home Resident’s Rights. You will be asked to read, acknowledge your understanding of, and to sign this form. This somewhat lengthy document is important in helping you to understand your rights, as well as the grievance process. Understanding this document protects you or your loved one as much as it protects the facility. If your resident rights are not clearly offered when you move into a nursing home or assisted-living facility, you should inquire as to why you have not received this document and take further action to ensure that you do receive it and that the facility is forced to make it available to each and every resident.

Age is not an excuse for withholding rights. If you feel that you or a loved one has had their rights violated or has not been treated fairly by being denied the disclosure of rights, contact a California elder law attorney who can help you to understand nursing home resident’s rights and can help to push for facility compliance.

The Elder & Disability Law Firm is a member of the American Academy of Estate Planning Attorneys.

If you have appointed a family member or friend to make important decisions on your behalf should you become ill, incapacitated, or unable to handle your own affairs, you need to understand how your veteran’s aid will affect this power of attorney. Veteran’s Aid benefits will not void your existing power of attorney. The appointed person will still have some say so over major decisions. However, the VA will want to appoint a fiduciary to handle your benefits.

The person with the POA may contact the VA, including a specific statement (along with Form 21-4138) explaining their understanding of the VA’s rules and their desire to be appointed as fiduciary. However, an interview is required and because of the overwhelming request for these interviews, it can take several months to obtain approval or denial. In the meantime, the VA might withhold benefits. This is not a mandatory practice, but it can and does occur. However, if your veteran’s aid case is such that the delay in payments will create a serious hardship, you can contact the VA about the matter in an attempt to expedite benefits.

The VA understands the desire to maintain an existing POA and to keep your dear family or friend in charge of your affairs. However, they also have to protect your interests, as well as their own. As long as the VA sees fit to appoint your existing appointed POA as fiduciary, you should have few problems in gaining approval. Communication, patience, and follow-up are the keys to navigating through this time-consuming process.

The Elder & Disability Law Firm is a member of the American Academy of Estate Planning Attorneys.

The VA’s Improved Pension consists of three levels: Basic Pension, Homebound Pension, and Aid and Attendance. When you apply for veteran’s benefits, it is important to understand each level of pension and to distinguish between them.

Basic Pension

Veterans may apply for basic pension at age 65. Their application is carefully considered, and once approved, the individual is classified as permanently disabled, even if their physical fitness level dies not reflect this. The name says it all. This is a basic pension, much like Social Security benefits.

Housebound Pension

Those applying for the second level of VA benefits are not exactly housebound in the conventional sense, but they do require more assistance with activities of daily living than those receiving the Basic Pension and less assistance than those receiving Aid and Attendance benefits.

Aid and Attendance

Aid and Attendance, also known as A and A, is the third tier of VA benefits. This level of benefits is designed for those who need more assistance with daily living than those at the other two levels of assistance. While the applicant does not have to be completely unable to care for himself or herself, they must be able to show an inability to function without necessary assistance. This third level of benefits is available to those in nursing homes and assisted living facilities, as well as those receiving care in their own homes.

In most cases, surviving spouses and dependents may also be eligible for the VA’s Improved Pension benefits as well.

The Elder & Disability Law Firm is a member of the American Academy of Estate Planning Attorneys.

If you are the surviving spouse of a deceased veteran, you may be eligible for Veteran’s Aid and Attendance survivor benefits. Benefit amounts are calculated based on your annual income and net worth, as well as the following military service requirements for the deceased:

• Military discharge must be honorable or for medical reasons dishonorable discharges do not qualify.
• Veterans having served prior to September 7, 1980 must have at least 90 days active duty plus one day during any eligible wartime period.
• Veterans having served after September 7, 1980 must have served, typically, 24 months or the full period ordered for active duty, including one day during any eligible wartime period.

If you and the deceased veteran we never legally married, you are not eligible for survivor benefits.

Children of the deceased veteran may also be eligible for survivor benefits under certain conditions.

•  The surviving child must be under age 18, or
• The surviving child must be under the age of 23 if attending a school approved by the VA, or
• The surviving child must be permanently disabled due to a condition occurring before the age of 18 rendering the child incapable of self-support

If you are uncertain about Veteran’s Aid and Attendance survivor benefits and eligibility, you should consult a qualified, knowledgeable Veteran’s Aid and Attendance attorney. Calling the VA helpline may not result in clear understanding or correct answers at all times. An attorney puts both experience and expertise on your side.

The Elder & Disability Law Firm is a member of the American Academy of Estate Planning Attorneys.

With Veteran’s Aid and Attendance, there is a maximum annual payout – the cap0 amount that any beneficiary can receive in a given year. However, this does not mean or guarantee that this amount is what you will receive. Your benefit amount will fluctuate based on a number of factors, and it is important to understand these factors and how they affect your specific situation so that there is no confusion or misunderstanding delaying or complicating your claim.

Factors Affecting Your Benefits

When you apply for Veteran’s Aid and Attendance, you will be asked a number of questions used to determine both your eligibility and the amount of benefits you qualify for. These questions include:

•  The level of care or assistance required on a daily basis (to determine the level of benefits needed)
• Does the veteran or surviving spouse have any dependents? And, if so, how many?
• What wartime period did the veteran serve in, and specifically (at this point in time) did they serve during the Mexican Border Period or World War I?
• Marital status, and/or are two veterans married to one another?

Of course, there are plenty of other questions an eligibility specialist will ask to determine both your eligibility and your benefit amount. It is important to be prepared in advance by having all of your documents ready to fax or send in and knowing the answers to all potential questions. If in doubt or in need of clarification, an elder law attorney can help you to understand Veteran’s Aid and Attendance, eligibility requirements, and the steps needed to obtain the benefits you need and deserve.

The Elder & Disability Law Firm is a member of the American Academy of Estate Planning Attorneys.