Veterans Pension Planning
VA Aid and Attendance
Our VA accredited attorneys assist families in obtaining VA benefits to help cover the cost of unreimbursed medical expenses.
The U.S. Department of Veterans Affairs (the VA) offers a largely unknown benefit called Aid and Attendance (A&A). A&A is designed to help pay the cost of unreimbursed medical expenses for veterans, and their spouse, including: care in the home, in an assisted living facility, or in a nursing home. A&A is not dependent upon service-related injuries.
The basic criteria for qualifying are:
- Veteran must have served at least 1 day during a qualified war period.
- Veteran must have completed at least 90 days of active duty service.
- Veteran must have received a better than dishonorable discharge.
- Claimant must be over the age of 65 or permanently or totally disabled.
- Claimant is either the veteran or the surviving spouse of a veteran who has not remarried.
- Claimant or spouse needs assistance with daily living requirements.
- Claimant’s monthly medical expenses equal or exceed their monthly income.
VA Aid and Attendance Planning
Our accredited attorneys try to make all eligible households aware of the benefit and the planning opportunities available to veterans and their families.
We routinely advise clients on the techniques available to achieve A&A eligibility. These techniques typically involve the use of an irrevocable grantor trust that provides asset protection to trust beneficiaries and desirable income and capital gains tax treatment.