Thursday, July 14, 2011

It Has Been a Year Since We Filed for Aid & Attendance for My Father

We thought our clients and friends would be interested in the following comment that was posted on one of the monthly newsletters we receive with regard to the Veterans Aid and Attendance Benefits.

In addition to letting people know whether they might qualify for the benefit, the advantage of speaking with us that we will also let you know what to expect if you begin to receive the benefit.

"It Has Been a Year Since We Filed for Aid & Attendance for My Father."


It has been a year since we filed for the Aid and Attendance Pension Benefit for my Father-in-law, John. He is still comfortably situated in his assisted living apartment and receiving good health care from the staff. An important document that our Veteran Consultant let us know about was a form called the “Eligibility Verification Report” (EVR) which VA sends at the beginning of the year and must be filled out every year in order to continue receiving benefits.

After my initial help with his original application John was the only one to receive correspondence from VA, so I asked him to start watching for any letters from them starting in December. He received the form in January. We gathered all of our receipts from his Assisted Living and other medical bills to sum up the correct amount that he had paid that year. The original application could only be an estimate, so this new form establishes the actual amount he is paying. We did not need to send in the receipts, but we filed them away in case VA wanted to see them for proof.

It was very helpful to have our Consultant answer any questions and make us aware of this very important form. Many people are not aware that once applied for and receiving the benefit the “EVR” has to be completed yearly to keep it. One concern to address is that if income or assets increased the past year, the benefit may be reduced or eliminated. On the other hand, if medical expenses have increased since the last year, the benefit may also increase. ....read the entire article by going to the link below.

Please go to the following URL for the entire article and previous articles: Either click on the link http://www.planforcare.org or copy and paste the following into your browser: http://www.planforcare.org


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Tuesday, July 5, 2011

What Expenses Can’t a Special Needs Trust Pay For?

Our office received this article as part of the monthly newsletter from Special Needs Answers, a community resource provided by the Academy of Special Needs Planners. They can be contacted via email at ken@specialneedsplanners.com; or on their website at http://www.specialneedsanswers.com

What Expenses Can’t a Special Needs Trust Pay For?

Special needs trusts are designed to supplement, not replace, the kind of basic support provided by government programs like Medicaid and Supplemental Security Income (SSI). Special needs trusts pay for comforts and luxuries -- "special needs" -- that could not be paid for by public assistance funds.

This means that if money from the trust is used for food or shelter costs on a regular basis or distributed directly to the beneficiary, such payments will count as income to the beneficiary. This can affect eligibility for government benefits like Medicaid and SSI. One of the trustee's most important jobs is to use discretion in making distributions from the trust so as not to jeopardize the beneficiary's eligibility for these government benefits.

If the beneficiary receives SSI, here are some basic expenses that should not be paid through a special needs trust without consultation with a special needs attorney. (List developed by Life Plan Trust, Inc., Apex, N.C.)

 Cash given directly to the beneficiary for any purpose
 Food or groceries
 Restaurant meals (except if given as an occasional gift)
 Rent or mortgage payments
 Property taxes
 Homeowners or condo association dues
 Homeowners insurance if the insurance is a mortgage requirement
 Utilities such as electricity, gas, and water
 Utilities hookup or connection charges

However, many of these payments will only cause a one-third reduction in SSI benefits. The trustee may determine that the benefit of the trust making these payments far outweighs the loss of income.

If you have any questions about this article or special needs trusts, please contact one of our attorneys at the Law Offices of Jeremy Howe, Ltd. 401-841-5700, or visit our website at www.CounselFirst.com for more information about our office.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in RI for wills and trusts, estate planning, guardianship, probate, and Veterans Aid and Attendance Benefits. They practice Pension and Retirement law as well with a focus on Qualified Domestic Relations Orders (QDRO), Military Pension Orders, Civil Service Orders, as well as Consultation on Pension issues. They also are Newport RI Divorce lawyers, attorneys, mediators, and arbitrators providing services for family law issues such as divorce, child custody and visitation, support, and Military family law.

They offer Elderlaw Mediation for disputes and intergenerational issues as well as probate court resolution. They also do Superior Court Mediation and Arbitration as well as Pension Mediation. Mediation and Arbitration is also offered by the firm for divorce mediation, separation, and all family law issues pre and post divorce.

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.