Tucson Elder Law, Medicaid, & VA

At the Kinghorn Law, our estate planning and Medicaid services are designed to help you enjoy your retirement free from financial worry because your later years should truly be golden.

With a solid estate plan and Medicaid plan in place, you never have to fear you or your spouse will be bankrupted if one of you goes into a nursing home. You can rest assured you’ll get the care you need, that you’ll leave a legacy behind for your loved ones, and that you can pass on your possessions to those you love the most.

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Elder Law, Medicaid, & VA

Tucson Veteran's Planning

Planning for Veteran’s Benefits and Aid and Attendance

Did you know that the Veterans Administration (VA) Aid & Attendance Special Care Pension provides monthly aid to wartime Veterans, as well as surviving spouses of deceased Veterans, who require personal assistance in their activities of daily living to help them pay for care.

Many families are unaware of the benefits available to them, how to check their eligibility, and how to apply. Furthermore, some people have been misinformed — told that they do not qualify for veteran’s benefits because their income and/or assets exceed the allowed thresholds. The sad fact is that many have been given the wrong advice! We are dedicated to helping clients preserve their assets by guiding them through the maze of legal issues, then plan for and obtain these long-term care benefits.

Many Veterans and surviving spouses whose incomes are above the congressionally mandated legal limit may still qualify for monthly Aid & Attendance benefits with the right planning in place. This includes a combination of estate and elder law planning strategies that will protect a family’s assets from being spent on long-term care. Qualifying Veterans receive Aid & Attendance funds to pay for in-home care, assisted living, or nursing home care, in addition to their monthly pension and Social Security benefits.

If you or someone you love is a Veteran (or surviving spouse of a deceased Veteran) and needs assistance with activities of daily living – including but not limited to cooking, cleaning, dressing, driving, and mobility – the Aid & Attendance pension benefit program can provide the funds you need to pay for that care.

Veteran’s Benefits

We offer comprehensive assistance to clients that are looking ahead toward their retirement years, and we are proud to work with military veterans that are planning for the future.

Without question, these brave men and women put it all on the line to keep our country safe, and they make a lot of sacrifices. There is no way that they can be fully repaid for their service, but they do receive certain veterans benefits that can help to pave the way for a comfortable retirement.

What Veterans’ Benefits Am I Entitled To?

There are many different kinds of veterans’ benefits that you may be entitled to receive, depending upon your service record; health status; family income; and availability of benefits within your community.

As you begin to get older, some of the most important benefits that you may be entitled to include:

Aid & Attendance: A&A is the name given to a pension increase available to military veterans who need help performing daily functions; who are bedridden; who have poor eyesight; or who live in a nursing home. The costs of in-home or nursing home care for veterans who fit this criteria can be expensive, so A&A helps to defray some of the costs.

Geriatrics care: The VA has many different types of geriatric care programs which are a part of its Geriatrics and Extended Care Services (GEC). One of the important programs that you can gain access to is Shared Decision Making, which helps you to make choices about your long-term care preferences and about other issues that arise when you have a chronic disease or life-limiting illness.

Short-term or long-term care services: There are options for senior veterans to live in VA nursing homes, community nursing homes, or medical foster homes. The VA can also offer help with securing home care for vets who want to stay in their homes but who need extra help.

There are also programs like Adult Daycares which can help senior vets to remain independent longer by providing social support and assistance with routine activities of daily living. The many different benefits provided to seniors are intended to help you to live your fullest life, have the highest quality of life, and mitigate the financial consequences that infirmity and old age can bring.

How can I Get Veterans’ Benefits?

The process of securing veterans’ benefits is going to vary based on the specific program(s) of interest. The VA explains that you can apply for some benefits programs online using their eBenefits program. It is also possible to visit a regional VA office for assistance.

While VA representatives and agents can provide some important assistance with applying for benefits, you should also strongly consider getting outside legal help from an experienced attorney. The VA has developed a reputation in recent years for not being as responsive as the agency should to the needs of veterans. The Veterans’ Administration also has outdated technology which can make it hard to confirm service history and which can create other obstacles during the benefits application process.

You should not have to cope with a difficult or stressful process of applying for benefits on your own. You should have a knowledgeable legal advocate who can offer you comprehensive assistance with all aspects of navigating the VA bureaucracy. Kinghorn Law is here to help you.

Retirement Pension

Service members who have served for at least 20 years are eligible for a military retirement pension.

Pensions are becoming more and more rare in the American workplace, but you can take advantage of a great opportunity in this regard if you are in the armed forces. Service members who have served for at least 20 years are eligible for a military retirement pension. The longer that you serve before you announce your retirement, the larger your retirement benefit will be. If you retire after 40 years of service, you would receive 100 percent of your base pay for the rest of your life. This is a retirement benefit that is pretty hard to match.

There is another retirement strategy that can be utilized in light of the military pension that veterans can receive after 20 years of service. To provide an example, let’s say that you join the Army right after high school when you are 18 years of age. You sign up to become an Information Technology Specialist. After basic training, you attend a school to learn what you need to know, and you move on to a duty station.

You work in this capacity for 20 years, and you advance along the way due to your fine performance. At this point, you are an authentic expert in your field, and you have a fantastic resume for someone that is just 38 years of age. While it would be possible to remain in the military, you could decide to retire and accept a higher paying job in the private sector.

As you utilize your salary to maintain your standard of living, your monthly pension benefits can accumulate in the bank, or in an investment account. You also paid into a 401(k) that was offered by your employer throughout your civilian career. Between the two, your savings are considerable.

When you reach the age of 67, you will qualify your full Social Security benefit. You would receive a monthly Social Security direct deposit along with your military pension for the rest of your life. Financially speaking, you would be perfectly positioned to enjoy a fantastic retirement.

Veterans Aid and Attendance Special Pension

There is another pension that flies under the radar, and many people are not aware of its existence.

As elder law attorneys, we have in-depth knowledge about this program, because it can be invaluable for senior citizens that have served in the military.

The benefit that we are referring to is the Veterans Aid and Attendance Special Pension. Unlike the aforementioned retirement benefit, you do not have to serve for at least 20 years to qualify for this pension. If you have served for at least 90 days on active duty, and if the country was at war for one of these days or more, you would meet the length of service eligibility requirement.

This benefit is intended for veterans that need help with their activities of daily living. According to the United States Department of Health and Human Services, seven out of every 10 people that are reaching 65 on any given day will require living assistance eventually. Nursing homes and assisted living communities are exorbitantly expensive, and in-home care is costly as well.

Medicare does not pay for custodial care, so the Veterans Aid and Attendance Special Pension can provide some much-needed relief. To qualify, you have to be able to prove that you do in fact need help with your day-to-day needs. Since the program is designed for people with limited financial resources, there is an $80,000 limit on countable assets (though decisions are made on a case-by-case basis). This is a relatively modest limit, but some things don’t count, including your home and your vehicle.

These figures are subject to change, but at the time of this writing, a single veteran may be eligible for up to $1794 per month. A married veteran could qualify for a maximum of $2127 per month, and a surviving spouse could receive a benefit that could be as much as $1410 each month.

What can a Tucson Veterans’ Benefits Lawyer Do to Help?

Kinghorn Law provides you with assistance making an assessment of what VA benefits you could be eligible to receive.

Our legal team will work closely with you to evaluate your needs and find the services and programs offered through the VA that meet those needs. We’ll then assist you throughout the entirety of the process of applying for the veterans’ benefits that you deserve.