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I have a question regarding a situation with my mom. Earlier…

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I have a question regarding a situation with my mom. Earlier this year she was moved to assisted living because she was not taking care of herself and has Alzheimer's. We applied for VA aid and attendance benefits in October and are waiting for that to be approved. But we are unsure what to do with her house as no one is living there. Now that we have applied, do we have to report a change in assets if we sell the house?

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No

Submitted: 4 months ago.Category: Military Law
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Answered in 3 minutes by:
12/8/2017
Military Lawyer: Gerald, Esq, Lawyer replied 4 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Military Law
Satisfied Customers: 5,111
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Military Lawyer: Gerald, Esq, Lawyer replied 4 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The VA is generally looking to coordinate benefits with medicaid. Both programs have similar asset tests. In regard to assistance benefits she is limited in the amount of assets that she may have to be eligible for benefits.

The home is a non-counted asset as long as she is living there, or is reasonably expected to return.

If she is not expected to return to the home then it becomes a countable asset. In such case there will be no difference in the calculation regardless of whether you sell it or keep it. In either case she will need to spend down the asset before qualifying for assistance.

See this link for additional information:

https://www.nolo.com/legal-encyclopedia/veterans-eligibility-va-nursing-home-care.html

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 4 months ago
I appreciate the response. I was not aware of this while applying with the VA. The local VA office never asked if my mom was planning to return home, just that the house is not considered an asset unless sold and there is no lookback period. When I spoke with the person at the VA processing the application needing more information on my mom's previous marriage they never asked about it either. Does this mean that she is most likely not eligible? The house is worth $186,000.
Military Lawyer: Gerald, Esq, Lawyer replied 4 months ago
It is hard to say right now without delving into her other assets. You may be able to keep the house for a little while.It may be best to consult a local elder law to attorney who can review all her financials. But sadly it is likely that she is ineligible, certainly once the house is sold.I'm sorry for the bad news.
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