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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 37081
Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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I live in MD, my 86 yr old mother lives in FL. Recently

Customer Question

I live in MD , my 86 yr old mother lives in FL. Recently diagnosed with Alzheimer's her Dr now recommends she not live alone. My brother lives with her now but works every day & most weekends. This leaves her alone much of the time. We are applying for Veteran's pension. My question is...if I fly & stay with her weeks at a time then fly home for week or 2, hiring others to cover when I am away, can my expenses be considered to be her healthcare expenses???? Vet pension people seem not to be able to give straight answer on this....seems cut & dry to me.. thank you!
Submitted: 6 months ago.
Category: Legal
Expert:  LawTalk replied 6 months ago.

Good afternoon Cheryl,

I'm Doug, and I'm sorry to hear of the situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Are you saying that you are applying for Aid and Attendance for her? If not what VA benefit are you applying for?

2. How will your mother having "medical expenses" based on your travel expenses help her? I don't understand what you are trying to do here.

Doug

Customer: replied 6 months ago.
Veteran's pension..for widows of veterans who served during war. I am trying to cover my expenses I will incur by travelling to & from FL to care for her..... because she doesn't have finances for daytime care that she needs. I will be daytime caregiver she needs, But I am married & live in MD & must spend some time there.......... I must go out now. Can I continue this later???? So far I am not impressed...perhaps I need an Elder care lawyer...
Customer: replied 6 months ago.
Not now... I would prefer you research this & I will have to contact you later
Thanks
Expert:  LawTalk replied 6 months ago.

Good afternoon Cheryl,

If your mother is eligible for a VA survivor's pension, then she is also eligible for A Widow's Aid and Attendance benefit which can pay he as much as $1,149 per month in benefits to pay for in-home care to assist her with daily living activities. She can use this money to pay you for her care, which in turn would defray your travel expenses.

Any War-Time Veteran with 90 days of active duty, and at least 1 day beginning or ending during a period of War, is eligible to apply for the Aid & Attendance Improved Pension.

Under this program, the VA will pay the benefit for any Vet (or Widow of a Vet)if they otherwise qualify. To qualify medically, a War-Time Veteran or surviving spouse must need the assistance of another person to perform daily tasks, such as eating,dressing, undressing, taking care of the needs of nature, and they may not have assets exceeding $80,000 not including their home and an automobile.

Here is a link which explains how to apply:

http://www.veteranaid.org/apply.php

Your mother will be eligible for $1,149.00 per month when she qualifies, and she may continue to live at home and receive this benefit. Here is another site which will provide you with additional information about this benefit:

http://www.americanveteransaid.com/landing/lp_2/aid_and_attendance_2.html#benefits

2016 benefit table:

Surviving Spouse

$1,149

Single Veteran

$1,788

Married Veteran

$2,120

Two Vets Married

$2,837

Dates of war per the VA for aid and attendance purposes:

  • Mexican Border Period (May 9, 1916 – April 5, 1917 for Veterans who served in Mexico, on its borders, or adjacent waters)
  • World War I (April 6, 1917 – November 11, 1918)
  • World War II (December 7, 1941 – December 31, 1946)
  • Korean conflict (June 27, 1950 – January 31, 1955)
  • Vietnam era (February 28, 1961 – May 7, 1975 for Veterans who served in the Republic of Vietnam during that period; otherwise August 5, 1964 – May 7, 1975)
  • Gulf War (August 2, 1990 – through a future date to be set by law or Presidential Proclamation)

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please know that I answer your questions in good faith, providing you with the information that you ask for, and I do that with the expectation that you would act likewise, and rate my service to you. Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you. So, please do be sure to rate my service to you. Thank you in advance for your positive rating.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 6 months ago.

Good evening,

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge of just $5 more I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service, It is greatly appreciated,

Doug

Expert:  LawTalk replied 6 months ago.

Hi,

Is there anything else I can assist you with today?

Doug

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