The application process to receive this benefit can be daunting, with complicated rules related to qualification. And now applicants have newly proposed changes in regulations to contend with; changes that could make it even more difficult to qualify for benefits, and could even severely punish those who transfer their savings or property incorrectly.
Take the hypothetical case of Mr. Rogers. Mr. Rogers is a WWII vet who proudly served our country during wartime. Two years ago, Mr. Rogers welcomed his first granddaughter. He wanted to make sure this little girl would have a strong future, so he gave away twenty thousand dollars to help pay for her college someday.
Mr. Rogers recently had a stroke and he is now in need of nursing home care, so he decided to apply for Aid and Attendance Pension to help pay for the costs. But because he made a gift of twenty thousand dollars to his granddaughter two years ago, Aid and Attendance benefits are denied to him for the duration of a penalty period.
Why was he denied? According to the newly proposed changes, if savings or property were transferred incorrectly at any time within three years before he applied for the Aid and Attendance benefit, he would be subject to a penalty period. Depending on the amount of funds transferred he could be denied for up to 10 years.
If you or a loved one are considering applying for Aid and Attendance Pension, we encourage you to wait until you’ve spoken to a Veteran’s Administration accredited elder law attorney. Your elder law attorney can help you navigate the complex legal issues involved in qualifying for assistance.
Please visit our Veterans Pension page for more information about the VA benefit, or browse our Links & Resources.