My clients hear it time & time again from VA Agencies: "you don't need an attorney to qualify for VA Aid & Attendance benefits; someone from our office can help you complete the application." My response is yes, they will help you complete the application, however they will not provide you with any guidance on what action you need to take in order to qualify for these benefits. On the other hand, an elder law attorney not only advocates to qualify you for VA Benefits; most attorneys will be vigilant that the planning used to qualify you for VA Benefits does not disqualify you from Medicaid, if you should need it in the future.
It's common for third parties to suggest gifting your money to adult children in order to meet VA asset limitations. Unfortunately, if within the next five years the veteran should require additional services in the assisted living facility or long-term custodial care in a nursing home, he or she discovers that THE RULES FOR OBTAINING MEDICAID BENEFITS ARE VERY DIFFERENT FROM THE RULES FOR OBTAINING VA BENEFITS. It is wise to consult with an elder law attorney to avoid making decisions that may be detrimental to you and your family.
