Category Archives: Long term care planning

2016 an interesting year

Help your aging neighbors

Merry Christmas from Aging in Alabama!

2016 has been an interesting year and certainly a busy one for us at Aging in Alabama.   This election year has put us all on a roller coaster, and probably more than a few of you are breathing a sigh of relief and looking forward to 2017!  As always, we could not do what do we without you all, and we thank you for your patronage, your interest and your service to everyone in the senior community.  Remember to check on those around you who may be vulnerable or lonely, or without this holiday season.   We hope you are enjoying all the blessings of this season.

3 year look-back proposed for VA Aid and Attendance. Act now!

Image (2)Under current law, Veterans and their spouses are entitled to a much needed stipend, Aid and Attendance, to offset the rising costs of their healthcare needs and avoid nursing home placement.  The current monthly needs amount of $2,120.00 for married veterans and $1149 for surviving spouses are in jeopardy.

 The Veterans Administration recently released new regulations that are currently subject to a period for public comment.  One of the proposed regulations will impose a three year “look-back period”, similar to that imposed for Medicaid benefits, upon Veterans.  What this means is that those veterans who are able to get benefits, have sacrificed by serving during wartime and have counted on the VA to fulfill their promise to take care of the Vets and their families, will find it difficult, if not impossible, to qualify for the benefits without substantially eroding their personal savings.  Monies transferred would result in a period of ineligibility for benefits, up to a TEN year period.

It is important to note that Congress has made several attempts to have this type of rule put into place in the last several years but political pressure has stranded the unpopular measure.  The agency is under no such pressure.

I encourage EVERYONE to immediately review their plans with an elder law attorney in order to avoid being disqualified for much needed benefits.  You can voice your opinion about the regulations here: http://www.federalregister.gov/articles/2015/01/23/2015-00297/net-worth-asset-transfers-and-income-exclusions-for-needs-based-benefits. You should also call or email your Congressman immediately to let them know that this regulation, which will impoverish those that have sacrificed, should not go into effect.  You can find your congressman here:  http://www.opencongress.org/people/zipcodelookup.

Suggested text should be:

RE:         Loan Guaranty: Adjustable Rate Mortgage Notification Requirements and Look-Back Period, 80 Fed. Reg. 4812 (January 25, 2015)

Dear Congressman (or Senator):

I am aware that the Veterans Administration has issued regulations that are now undergoing a period of public comment.  I am outraged that the VA will impose regulations that are designed to impoverish our Veterans after their years of service.  The regulations are not carefully constructed to ensure the Veteran and his spouse are not left impoverished, quite the contrary.  In addition, there are no hardship provisions, no provisions to leave property for the Veteran’s disabled children, and goes further to impose a draconian 10 year penalty.

This is not the way to treat our Veterans.  All this is being done without the input of our elected representatives and I am outraged.  I am requesting that these regulations be withdrawn and that the Veterans Administration keep their commitment to honoring and serving those who have already sacrificed so much for our freedom.

Signed,  Your name

Please call Aging in Alabama with any questions, always a free telephone consultation:  (251) 281-8120 or (855) ELD-RLAW.

Elder law update, volume 1, issue 1 from Aging in Alabama available for download

Periodically we will be issuing elder law updates to keep you informed of important news and new developments in the law that might be of interest or importance to you.  The first update is all about Aging in Alabama but contains a bit of information regarding the new Alabama Durable Power of Attorney act that went into effect on Sunday.  Download and distribute freely and as time permits, we will present these updates to you in different, more interesting formats as well!  Download it here:  Aging in Alabama – Elder Law Update-Volume 1 – Issue 1.

 

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Elder law consulting firm Aging in Alabama opens offices in Mobile and Baldwin County

Aging in Alabama, an elder law firm focusing on long term care consultations and problem solving for your family, offers simple, custom solutions for preserving your life’s work.   Whether you are planning for the future, or find yourself in the midst of a crisis, call today for a consultation and advocacy.  Get qualified for nursing home Medicaid, find out accurately what choices you and your family face, or resolve care plan issues.   Knowledge is power, take charge of your situation today!