My father is in Memory Care and we need to sell his home. The proceeds will put his assets over the allowed amount to receive his pension. We would like to know if there is a way to protect him from losing his pension.
My father receives a monthly Aid and Attendance pension from the VA due to dementia. The VA officer who did my father's application and got everything approved explained that when we sell dad's house (which we will have to do soon) and dad's assets exceed the allowable amount to receive the pension, the pension payments will stop until we show the VA we've spent down his assets on his care to the allowable amount, then his pension payments will start again. The pension will never be "lost" but just postponed while spending down the proceeds of sale from his home.
I just have one thing to add to the info above and that is unless you are getting advice from an elder care lawyer check twice and confirm twice what you you’ve been told before you act on it. Good luck.
There are several variations of pensions from the VA. Some are income based and some are not. If it were me I would contact a Veterans Affairs Office to find out how it would affect him personally. If he had assistance with his pension application, that would be the person I would contact.
Whether he loses his pension is not the only issue you need to consider. An elder/estate attorney can best help you understand how to manage any funds from a sale as far as VA, Medicaid or even his estate preparing for end of life.
Any attorney can help you, but his money is better spent with a specialized elder/estate attorney who knows and understands the laws that apply across the board. As others have mentioned, there may be options how best to sell, transfer or even keep the property for now.
Doesn't any of the money count towards his care? Contact an attorney who takes care of senior living problems. There must be a way. If they took my husband's pension he left me, I wouldn't be able to afford where I live; my pension would not have covered it. Prices in assisted living and independent living went up, and I cannot afford to pay my own way; some of my income is from my husband's share of a pension he arranged for me to get in case of his death. Also talk with members of veterans groups, they have counselors who can help or lead you to a few attorneys; some even may be a member of the veterans' group .
Not sure total assets come into play. As I understand, the VA cap is on monthly income, and that only applies to those who started getting their pension after 1976. Call the VA for an answer. Don't spend your money on attorneys, the VA will provide the answer, without charge. From a 22 year retiree on VA pension.
It dawned on me, who's name is on the title of the home? If it was just your dad and he never filed an official will or community property agreement leaving all of his property, mainly home, to your mom, then I assume it went into probate. You may be able to get the title of the home quit deeded to you. This may or may not help. I think a good elder attorney that specializes in VA issues is going to save that home and your Dad's pension. He fought for that. Good luck. Kari
My dad also received a pension from the VA which my mom, also with dementia, was not eligible for after he passed due to her monthly income. But there is a non profit organization who will help you better than anyone (for free). I believe they are called Patriot Angels. I think it was Care.com or A Place For Mom that referred me. If they can't help, try looking up your question on the official VA site or contact an attorney with Veteran's Administration or private VA attorney. Perhaps a good tax gut or gal might have some creative ideas. I know, I'm still doing what I can to get Mom something from the VA. She was a vet too. Best of luck.
Also contact the several Veterans organization for input of who/what office to contact in the VA, and if they can refer you to local attorneys who deal with veterans; issues. Veterans take care of each other.
Very important issue, in fact, a critical issue. You need to seek advice of an Elder Law attorney before you put his house on the market. An attorney can direct you on how to proceed. Your Dad's pension must be protected at all costs. You may be forced to seek other options such as having someone renting the home. (that isjust a "guess", an attorney will know best)
Stop going forward with a "sale" until you are very clear with the VA rules and regs regarding "assets" from the sale of a home, and only an Elder Law Attorney can advise you. People on this site can have "opinions" but only the directions given to you by an attorney are those which can be safely followed, in a way that protects your father.
Every state may be different ... so while responses here can help you, always rely on an experienced attorney.
Whether he loses his pension is not the only issue you need to consider. An elder/estate attorney can best help you understand how to manage any funds from a sale as far as VA, Medicaid or even his estate preparing for end of life.
Any attorney can help you, but his money is better spent with a specialized elder/estate attorney who knows and understands the laws that apply across the board. As others have mentioned, there may be options how best to sell, transfer or even keep the property for now.
Kari
Stop going forward with a "sale" until you are very clear with the VA rules and regs regarding "assets" from the sale of a home, and only an Elder Law Attorney can advise you. People on this site can have "opinions" but only the directions given to you by an attorney are those which can be safely followed, in a way that protects your father.
You got to be sure all your Ts are crossed and I, are dotted