Archive for the ‘Elder Law Attorney’ Category

How do annuities work for VA A & A?

If a claimant has access only to income generated by the annuity, not the principle AND is irrevocable i.e. the claimant cannot change the terms of the annuity, during their lifetime, so no access to the  principle, then the VA should count only the  income stream, generated by the annuity, provided performed before application. Additionally, if the annuity income is paid to the veteran’s spouse, then annuity income of spouse, vet's and spouse's other incomes all count, regardless of whose name is on the income asset or who is the receiver of the income.  The income can be spent on…

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Should I use an annuity to get Aid and Attendance?

But be careful the type of annuity you purchase, and the financial company, you are purchasing from.

For VA aid and attendance, can a Veteran use his rent payment as well as his medical expenses?

If the medical expenses do not offset the total household gross income, there is no pension; regardless of any other claimant’s non-medical expenses.

Can a daughter sign the Vet’s application?

Absolutely, NO. The law requires the Vet’s signature to be his/hers and does not allow someone else to sign, even a power of attorney, and even if the Vet is incompetent. A Vets daughter cannot sign for the Veteran, the completed forms required to apply for compensation. Her father/Vet must sign his name on all of the forms (526, 21-22, 4142, 2680, etc.) To increase your monthly income, please contact us about a FREE HANDBOOK about VA Benefits, written by David Wingate, an accredited VA Attorney, of Senior Life Care Planning, LLC, go to info@seniorlcp.com or if you require additional…

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Unless an individual or organization is accredited with the VA, they cannot complete, assist, or consult on any VA application.

Some of these organizations arrange for very inexpensive Veterans Trusts and perhaps even pay third parties to complete the VA application, which is prohibited by law, just to be able to sell an annuity (which may or may not be the right product for the client).

Should a Veteran use an annuity for planning?

Most people, including veterans and seniors, do not have a sufficient understanding of annuities, to make a decision about the appropriateness of an annuity product.

Can a Vet transfer funds directly to his daughter?

The VA is now requesting documentation of all assets transfered prior to the date of a veteran’s application to show that all of these rights have been relinquished.

IRA Required distributions, taxation and beneficiary designations are among the most often overlooked aspects of retirement planning

“If you don’t have a plan for the distribution of your IRA, the IRS has a plan for you.”

If you are age 65 and married, the odds are 75 percent that you or your spouse will need long-term care.

If you are single, the odds are 50 percent that you will need long-term care. If you are age 65 and married, the odds are 75 percent that you or your spouse will need long-term care. These statistics reveal that most people will be faced with long-term nursing home care issues and challenges at some point in their lives – whether for themselves or a loved one. While surfing the web this week, I ran across an excellent Special Report on Long-Term Care put together by the folks at Kiplinger. I think it’s an excellent resource for anyone considering purchasing…

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When can a Veteran or Surviving Spouse collect the maximium Aid and Attendance?

The cost of the assisted living facility or home care, medications etc must exceed your household income.

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