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Veterans

25 Jan

Posted at 09:00h in Assisted Living, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Social Security, Trusts, Veterans

The Department of Veterans Affairs (VA) has announced its 2018 rate increases for certain wartime military veterans not dishonorably discharged or their surviving spouses to help pay for care costs ranging from being housebound to long-term care costs. However, since VA pension benefits are paid...

26 Jun

Posted at 11:00h in End of Life Care Planning, Estate Planning, Guardianship, Lady Bird Deed, Long Term Care, Medicaid Application, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Miller Trust, Nursing Home, Power of Attorney, Probate Administration, Special Needs, Special Needs Trust, Trusts, Veterans, Wills

As an elder law attorney, it may be surprising to clients that many of our referrals come from estate planning attorneys since most have limited knowledge regarding public benefits. Many are shocked that there are over 40 Medicaid programs (each with their own rules) in...

14 Jul

Posted at 09:13h in Asset Protection, Assisted Living, Charitable Giving, Michael Cohen Dallas Elder Lawyer, Nursing Home, Veterans

As previously reported in the Texas Elder Law E-letter, it is anticipated the Department of Veterans Affairs (VA) will be changing its regulations making it more difficult for veterans or the surviving spouse of a veteran who served in wartime from obtaining benefits particularly when...

28 Jan

Posted at 09:18h in Asset Protection, Assisted Living, Disability Benefits, Michael Cohen Dallas Elder Lawyer, Nursing Home, Social Security, Taxes, Trusts, Veterans

On January 8, 2016, the “Veterans Care Financial Protection Act of 2016” was introduced allegedly to protect individuals who are eligible for increased pension under laws administered by the Secretary of Veterans Affairs on the basis of need of regular aid and attendance from “dishonest,...

13 Feb

Posted at 06:00h in Assisted Living, End of Life Care Planning, Estate Planning, Long Term Care, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Trusts, Veterans

The Veteran’s Administration has proposed new rules for eligibility for VA pensions and the Aid and Attendance benefit which are often used by wartime Veterans or their surviving spouses to help pay for the cost of care such as assisted living facilities and nursing homes....

28 Jan

Posted at 21:54h in Assisted Living, Disability Benefits, Divorce, Michael Cohen Dallas Elder Lawyer, Nursing Home, Trusts, Veterans

Veterans who served during wartime (not dishonorably discharged), or the surviving spouse of the wartime veteran, will be getting a slight increase (considered a pension) to be used for care at home, assisted living facilities or in a nursing home from the Department of Veterans...

23 Jun

Posted at 06:45h in Assisted Living, Medicaid Application, Michael Cohen Dallas Elder Lawyer, Veterans

On June 3, 2014, The U.S. District Court for the District of New Jersey has enjoined the state from counting any Veterans Administration (VA) improved pension income in determining Medicaid eligibility of an applicant for Medicaid. In this case, the Medicaid applicant was about to...

28 May

Posted at 02:02h in Asset Protection, Guardianship, Long Term Care, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Probate Administration, Public Benefits Protection, Veterans

As a result of a generous grant by the WW Caruth, Jr. Foundation - Communities Foundation of Texas in an effort to protect the financial safety of Dallas County seniors, today there was an announcement of the formation of the Elder Financial Safety Center (the...

27 Dec

Posted at 09:42h in Assisted Living, Divorce, Michael Cohen Dallas Elder Lawyer, Nursing Home, Trusts, Veterans

Veterans who served during wartime (not dishonorably discharged), or the surviving spouse of the wartime veteran, will be getting a slight increase (considered a pension) to be used for care at home, assisted living facilities or in a nursing home from the Department of Veterans...

24 Aug

Posted at 10:59h in Assisted Living, Disability Benefits, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Nursing Home, Special Needs, Special Needs Trust, Veterans

Proposed legislation (the Veterans Pension Protection Act) has been revised to penalize military veterans (or their surviving spouse) if they should dispose of their resources (that could have been used for their maintenance) within three (3) years of applying for VA pension benefits (benefits most...

16 Aug

Posted at 02:48h in Beneficiary, Estate Planning, Medicaid Planning, Michael Cohen Dallas Elder Lawyer, Special Needs, Special Needs Trust, Veterans

Under current law, military veterans who invest in a survivor benefit plan must leave their benefits (an annuity) directly to their beneficiary – even if the beneficiary is disabled. Veterans are not permitted to roll their survivor benefits into a special needs trust (a trust...

24 Jun

Posted at 19:15h in Assisted Living, Medicaid Application, Medicaid Planning, Medicare, Michael Cohen Dallas Elder Lawyer, Social Security, Trusts, Veterans

Two weeks ago the U.S. Senate Committee on Veterans’ Affairs held a hearing on Senate Bill 748 which (like its predecessor - Senate Bill 3270) attacks planning for Veterans Aid & Attendance benefits (which are benefits often received by veterans who served during wartime or...