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Hi, I think this question may be for an elder law attorney in massachusetts. Parents in 80s have long term care insurance (4 years worth) but will pay only 1/2 of the cost of today's rate. Dad is a WWII Vet and has alzeimers. Always thought insurance would pay for nursing home completely. Not ready to go to nursing home, but not far off. The problem is my parents have gifted money to me yearly for the last five years. $40,000! They moved in with me for a while, 1 year, and I had to finish off 2 rooms in my house to accommodate them. I ran up credit cards at 0 interest and they gave me the money to pay off when promo was over so it looks like they gave me even more money. What can be done (5 year look back) now so that my Dad is not disqualified from medicaid supplementing insurance (mom wrote checks)? Also income/savings may be too high for him after what is allowed Mom at home. Would not want their generosity to backfire on them in the end. Thanks, Ellen
Submitted: 8 years ago.Category: Legal
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Answered in 13 minutes by:
6/13/2010
Lawyer: lwpat, Attorney replied 8 years ago
lwpat
lwpat, Attorney
Category: Legal
Satisfied Customers: 25,387
Experience: Actively practicing trial attorney
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Have you applied for the Aid and Assistance program that is available to veterans that served in wartime? That and he long term care may be sufficient.

 

For a wartime veteran or surviving spouse to qualify for this special monthly pension, the veteran must have served at least 90 days of active military service, one day of which was during a period of war, and be discharged under conditions other than dishonorable.

Wartime veterans who entered active duty on or after September 8, 1980, (October 16, 1981, for officers) must have completed at least 24 continuous months of military service or the period for which they were ordered to active duty.

If all requirements are met, VA determines eligibility for the Aid and Attendance benefit by adjusting for un-reimbursed medical expenses from the veteran's or surviving spouse's total household income. If the remaining income amount falls below the annual income threshold for the Aid and Attendance benefit, VA pays the difference between the claimant's household income and the Aid and Attendance threshold.

The Aid and Attendance income threshold for a veteran without dependents is now $18,234 annually. The threshold increases to $21,615 if a veteran has one dependent, and by $1,866 for each additional dependent. The annual Aid and Attendance threshold for a surviving spouse alone is $11,715. This threshold increases to $13,976 if there is one dependent child, and by $1,866 for each additional child.

 

http://www1.va.gov/opa/pressrel/pressrelease.cfm?id=1265

 

 

You can apply online or call for more information. The links are at the above site.

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Customer reply replied 8 years ago

Is there a look back period when qualifying income/savings of a veteran as there is for medicaid? His income is over the limit and he may have to pay 100%, do you know if VA accepts long term care insurance if that is the case? thanks

 

Lawyer: lwpat, Attorney replied 8 years ago
If his income is over 21K and he has insurance is that not sufficient to pay for the nursing home? You can check with the VA as to whether they take the long term care insurance.
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