Stapleton Elder Law

Steps for Veterans and their Loved Ones to Know

The loved ones of veterans need to follow certain steps in planning for the future.

Veterans and their loved ones need to take a number of additional steps when it comes to estate planning. A useful checklist is provided in an article from The Wadena Pioneer-Journal, “What survivors should know; A veteran/retiree checklist.” Think of it as a starting point, and discuss these items with your estate planning attorney, who can guide you further.

1. Military File. This should include your retirement orders, your DD 214, separation papers and medical records.
2. Military Retired Pay File. Make sure you have the claim number of any pending VA claims, along with the address of the VA office being used, a list of current deductions from benefits, and the name, relationship and address of the beneficiary for any unpaid retired pay at the time of death.
3. Annuities File. Be sure to include information about the Survivor Benefit Plan (SBP), the Reserve Component Survivor Benefit Plan (RCSBP), the Retired Serviceman's Family Protection Plan (RSFPP) and your civil service annuity.
4. Personal Document File. This should have your marriage records, divorce decrees, adoption records and naturalization papers.
5. Income Tax File. Retain copies of all of your state and federal income tax returns.
6. Property Tax File. This should include copies of tax bills, deeds and any other related information.
7. Insurance Policy File. Keep your life insurance, property, accident, liability insurance and hospitalization and medical insurance records here.
8. Important Contacts. Maintain a list of banking and credit information in a secure location. This should include bank account numbers, the location of all deposit boxes, savings bond information, all stocks, bonds, and any securities, credit card account numbers and mailing addresses and 401(k) accounts.
9. Memberships. Keep a membership listing of all associations and organizations with their contact and membership fee information.
10. Family and Business Contacts. Create a list of all friends and business associates and their contact information.

After preparing all of this, make sure to address the following:

11. Burial. Have a discussion with your next of kin about your wishes for burial and funeral services. Include the cemetery location and type of burial. You should also consider pre-arranging your funeral services at your local funeral home.
12. Will. Once your decisions have been made and you’re comfortable with them, have a will prepared outlining specifics by an estate planning attorney.
13. Notifications and Document Locations. Make sure to tell select family members where your important documents have been placed to avoid any confusion. The following is a list of the organizations that should be notified in the event of a veteran’s passing:

• Defense Finance and Accounting Service;
• Department of Veterans Affairs (if applicable);
• Office of Personnel Management (OPM);
• Social Security Administration (for death benefits);
• Any fraternal groups of which you are a member; and
• Any previous employers that provide pension or benefits.

Reference: Wadena (MN) Pioneer-Journal (January 21, 2017) “What survivors should know; A veteran/retiree checklist”

To learn more about retirement planning for Veterans, please visit our website.

We Can All Be Proud of These Ivy League Law Students for Their Service to Veterans

Some law students are getting the opportunity to represent men and women who have served in the military.

A lieutenant colonel serving in the U.S. Army Reserves was in Afghanistan on his third tour of duty, suffering from Post-Traumatic Stress Disorder (PTSD) and enduring a bad foot injury in 2011 when a letter arrived at his home, as described in Harvard Magazine's "Fighting for Veterans, Learning the Law." It was an important, time-sensitive letter.

The letter contained information on how he could file an appeal for disability compensation and stated that he had to respond within 120 days of receipt. But Ausmer wouldn't return home for another five months.

By the time he read the letter, he'd lost his one chance to appeal his benefits case. The Veterans Benefits Administration gave him no help, but a trio of Harvard Law School students did. They took his case, arguing that the clock on an appeals claim should start only after a veteran has returned home—rather than when a letter arrives in his or her mailbox back home.

The students became involved in Ausmer's case in 2013, while at the Harvard Veterans Law and Disability Benefits Clinic. Each year, dozens of students have assisted veterans with legal cases, winning verdicts of local and national importance.

Ausmer's student defenders argued their case in front of the U.S. Court of Appeals for Veterans Claims. The court's ruling in the veterans' favor marked a landmark victory. It allowed recently discharged veterans like Ausmer—whose ability to file an appeal is "materially affected" by their service—to be permitted extra time from their discharge date to appeal.

This decision could help thousands of former soldiers.

The Harvard law students can choose to represent veterans in administrative and federal court appeals by challenging denials of federal and state veterans' benefits—like Ausmer's case; represent clients and their families in estate and financial planning matters; or represent clients in administrative and court appeals on issues of denial of Social Security disability benefits.

The Harvard Veterans Law and Disability Benefits Clinic was created to provide law students with a unique opportunity to help veterans while learning what it means to practice law as a service to others. Students in the clinic also help veterans with issues concerning administrative, disability, mental health, probate, and constitutional law.

Reference: Harvard Magazine (February 9, 2016) "Fighting for Veterans, Learning the Law"

To learn more about how we can assist Veterans and their families with their estate plan and with VA Benefits, please visit our website. 

For VA Benefits, You'll Need to be More Than Assertive

Like any other large organization, the VA requires a high degree of self-advocacy to ensure that veterans get the benefits they are due. This is not always fair or easy for veterans or their spouses.

The benefits that most veterans are concerned with are known as "aid and attendance," or non-service-connected pension benefits. These benefits were designed to help vets and their families by providing a monthly cash reimbursement for vets and spouses who are paying out-of-pocket medical costs. It does not matter if these costs are incurred at home or in a facility—a fact about VA benefits commonly misunderstood by the very people who need them the most. The Pittsburgh Post-Gazette in "Elder Law: Veterans - Never Give Up," explains these and other facts about this program.

The article says that Pennsylvania is in the top five state with the highest veteran populations in the country. There are between 700,000 and 1 million people (including veterans' widows) in the state who could qualify for benefits. Unfortunately, only a small percentage receives the benefit because of the complex application process—and the abundance of misinformation about the program.

Many veterans receive benefits advice from an initial source, which may be a negative message, and they leave it at that. They never bother to inquire further. It would be like receiving a terminal medical diagnosis and not getting a second opinion.

Here are a few of the biggest offenders that warrant further investigation before accepting the response:

1. You can't get aid and attendance if you live at home. Not true. The benefit is meant to reimburse out-of-pocket medical expenses—it doesn't matter where you live. Even if you're at home with a family member providing care, there are still ways to secure this benefit.
2. You have too much money or income to qualify. The article says this is just a math problem. There is no set income or asset limit to qualify for VA benefits. The VA uses an age-weighted asset/income test to determine eligibility. In addition, there are legitimate estate planning strategies that can help you expedite financial eligibility.
3. Why bother? If the veteran or his spouse dies before the VA application is approved, no money is paid. There are ways to file for a post-death payment to the surviving spouse or heirs—provided the original claim was properly filed and is decided after the applicant's death. Many people don't know that you can get retroactive benefits even after the applicant dies, but there are deadlines. The next of kin must follow up promptly with the VA.

Unfortunately, there is a lot of confusion about the rules and regulations of VA benefits, in addition to a bureaucratic quagmire, that prevent applicants from even thinking about pursuing aid and attendance benefits. Speak to a VA accredited attorney to find out what a veteran is owed and how to go about getting your benefits.

Please visit our website to learn how we  assist veterans obtain their well deserved benefits.

Reference: Pittsburgh Post-Gazette (November 23, 2015) "Elder Law: Veterans - Never Give Up"

 

 

Planning for the Future for a Family Member with Alzheimer’s Disease

When a loved one has Alzheimer’s disease, advanced planning for legal and financial matters becomes even more important than in day-to-day estate planning. Ideally, planning well in advance, before the disease has taken a toll on the person’s cognitive abilities, may give them an opportunity to express their wishes for their care. The debilitating nature of Alzheimer’s and other forms of dementia is extremely stressful for family members who are charged with being caregivers and decision makers. Planning early with the help of an experienced professional can alleviate some of the stress that results.

Caring for a loved one with Alzheimer’s or a different type of dementia is a challenge that requires a great deal of planning in advance. An article in The Lincoln (NE) Journal Staraddressed a number of financial, legal and medical care issues – “Planning the future of a loved one with dementia.”

You will encounter a number of costs in caring for a person with dementia. Planning for these expenses and costs throughout the course of the disease will involve examining all the costs you could possibly face now and in the future. These can include prescription drugs, personal care supplies, adult day care services, in-home care services, and residential care services.

Discuss financial needs and goals as early as possible. This way the person with the disease will be able to comprehend the issues, take a role in mapping out his or her objectives, and clarify their wishes. An experienced elder law attorney will have worked with financial advisors and will be able to point out potential financial resources, uncover tax deductions, and counsel against imprudent investment decisions. You may have these financial resources available to help you with the costs during the course of the disease:

• Health care coverage
• Long-term care insurance
• Life insurance
• Medicaid
• Veterans benefits
• Other public programs

In addition, many states have state-funded, long-term care available, such as adult day care and respite care.

Legal capacity is the ability to understand the meaning and importance of a legal document, such as a power of attorney. A person suffering from dementia who has the ability to understand and appreciate the consequences of his or her actions may execute estate planning documents, and will be the decision-maker. As long as he or she possesses legal capacity, they should take part in legal planning. The article recommends these documents:

• Living will
• Power of Attorney
• Health Care Directive or Power of Attorney
• Will
• Living Trust

Talk to an experienced and qualified estate planning attorney if you have questions about elder care for your loved one.

Reference: The Lincoln (NE) Journal Star (July 20, 2015) “Planning the future of a loved one with dementia”

Please visit our website to learn more about planning for a loved one with Alzheimer's Disease. 

Not Easy to Get, But Worth It - VA Long-Term Care Benefit

A survey conducted by the National Association of Area Agencies on Aging, National Council on Aging and UnitedHealthcare reveals a frightening statistic in the United States of Aging survey. 97% of professionals supporting people 60 and older believe that seniors will not be able to afford their health care costs as they age. Only 3% are very confident older Americans will be able to manage health care costs. Not a pretty picture.

The high and ever-increasing cost of long-term care is the leading reason that professionals do not believe that seniors will be able to afford their health care. The median price of a private room in a nursing home now costs about $91,000 - an increase of 4% from last year. The survey on aging, reported on in an article in Forbes, offers a glimmer of hope with a look at a little-known program from the VA:  "The VA Program That Pays for Long-Term Care for Vets."

About half of us will someday use nursing home care, and many others will need long-term care in assisted living facilities or at home.

But here's a little good news… there's a little-known Veterans Administration (VA) program that pays for some long-term care costs for vets and their families. It's called the Improved Pension with Aid and Attendance benefit. This benefit has been around for over 60 years and covers some expenses for in-home care, nursing homes, and assisted living facilities. This benefit is available to honorably-discharged wartime veterans over age 65 and their widowed spouses and require the "aid and attendance" of another person or are housebound. The VA calls this "additional pension benefits for care assistance in the home or in an assisted living community."

Aid and Attendance pays up to: $1,788 per month to a single veteran, $1,149 to a surviving spouse, $2,120 to a married veteran and $2,837 to a veteran couple. The benefit is tax-free. To qualify, the applicant must either:

• Require assistance with Activities of Daily Living (ADLs) like dressing, bathing, and eating;
• Be bedridden;
• Be a nursing home patient due to mental or physical incapacity; or
• Have eyesight limited to a corrected 5/200 visual acuity or less in both eyes or concentric contraction of the visual field to five degrees or less

Of course there's a catch: applying for and receiving the money is a real pain in the bottom. The VA estimates it can take on average about five months for an Aid and Attendance claim to be processed after a veteran applies to a VA regional office. Even so, some applicants have been crushed with red tape and much longer waits. In our experience, applicants applying on their own may end up waiting far longer.

The article tells the story of Frank Fassnacht, an 84-year-old former Disney projectionist now living in a Motion Picture & Television Fund home. He applied for the benefit three years ago, and still no luck. Because of the VA's high turnover rate, it's hard to find a consistent person to help you when you call the phone center.

One other thing to note: a veteran may be turned down for the Aid and Attendance benefit if his or her assets are too great. The VA doesn't have a strict rule on how much assets one can have, but it's typically no more than $80,000 (not including your home), depending on age.

However, it is extremely important not to disqualify yourself from the benefit based on your assets. The article advises you to seek the assistance of an elder law attorney to assess your eligibility before applying. The rules and paperwork can be quite difficult, so a qualified attorney can really be a help. She can also assist you in establishing an estate plan that may preserve many of your assets.

Reference: Forbes (July 10, 2015) "The VA Program That Pays For Long-Term Care for Vets."

To learn more about VA benefits, please visit our website.

Senate Approves Bill to Ensure Veterans Have Easier Access to Medical Care

The bill relaxes a rule that makes getting specialized care from local doctors difficult for some veterans in rural areas.

The Associated Press investigated this new legislation in a recent article titled “Senate tweaks health law to boost specialized care.”

If this bill is passed by the House and signed into law, it would mark the second change in 2015 to the so-called “40-mile Rule.” That designation is the boundary requiring veterans to demonstrate that they live at least 40 miles from a VA health site in order to obtain private care.

Sen. Jerry Moran, R-Kan., thinks that the VA was deliberately interpreting the 40-mile Rule to deny veterans needed care; however, the VA recently tweaked the rule. It now measures the 40 miles by driving distance, rather than in a straight line. Moran, who’s the sponsor of the Senate bill, said it "puts the veteran first and provides the fix the VA says they need to make certain that veterans are not dismissed or forgotten just because of where they live."

Lawmakers have been working to make changes in recent months. Many fewer veterans were receiving treatment offered under the Veterans Choice law than were originally anticipated. As you may know, this law was adopted last year after the VA scandal over long wait times for veterans seeking health care and falsified records covering up delays.

Sen. Johnny Isakson, R-Ga., chairman of the Senate Veterans Affairs Committee, was quoted by the AP as saying that the approved change would "ensure veterans can receive care outside of the VA health care system if they face geographic or travel burdens, have a medical condition that would impact their ability to travel, or for other factors that may be determined by the VA."

VA Benefit paperwork can sometimes be hard to figure out. An experienced elder law attorney who understands these issues can help.

Reference: The Associated Press (May 22, 2015) “Senate tweaks health law to boost specialized care”

Please visit our website to learn more about Veterans Aid and Attendance Benefits.