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Elder Law Office of David Wingate, LLC

Posts Tagged ‘asset protection’

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.

What do you do when a Veteran’s records were destroyed in the St. Louis fire?

It appears that all veteran’s records were destroyed in the fire, as when you ask, the file” was destroyed in the fire.” However, this isn’t the case.

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.

When a lawyer permits a non-lawyer who markets living trust packages to hold out to the public that the lawyer will prepare the documents, the lawyer acts unethically.

During the seminar, the marketer describes the benefits of living trusts and repeatedly states that every seminar participant should have a living trust.

A VA adjudicator called the facility and asked if the facility provided “medical care” to the vet, and the facility said “No”.

if you are a veteran or a family member acting as agent, filing for aid and attendance, inform the facility that ABSOLUTELY NOBODY from the facility has permission to speak to the VA. If a VA rep calls, he/she should be referred back to the agent of record.

the VA adjudicator called the facility and asked if the facility provided “medical care” to the vet, and the facility said “No”.

Consequently, if you state your claim correctly, have all your necessary documentation, and don’t allow any parties to talk to the VA adjudicator, you may not have been denied.

If my mother sells her house before moving into Assisted Living, does she have to count that money as income?

If you mother has plans to sell her house, then it is always best to take care of these issues before applying for A&A.

The VA did not consider prescription co-pays as there is no ability to predict their on-going requirement.

We suggest review the pharmacy print-out and line out everything that is not recurrent

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