Long-Term Care Benefits for Veterans and Surviving Spouses

Author

Kelleher + Holland, LLC

Posted on

May 13, 2021

Book/Edition

Florida - Southwest

share-this
Share This
For more information on the author Jo-Anne Herina Jeffreys, Esq. Attorney At Law, CLICK HERE.
Long-term care costs can add up quickly. For veterans and the surviving spouses of veterans who need in-home care or are in a nursing home, help may be available.
The Veterans Administration (VA) has an underused pension benefit called Aid and Attendance that provides money to those who need assistance performing everyday tasks. Even veterans whose income is above the legal limit for a VA pension may qualify for the Aid and Attendance benefit if they have large medical expenses for which they do not receive reimbursement.
Aid and Attendance is a pension benefit, which means it is available to veterans who served at least 90 days, with at least one day during wartime. The veteran does not have to have service-related disabilities to qualify. Veterans or surviving spouses are eligible if they require the aid of another person to perform an everyday action, such as bathing, feeding, dressing, or going to the bathroom. This includes individuals who are bedridden, blind, or residing in a nursing home.
To qualify a veteran (or spouse) must have a net worth limit of $130,773(in 2021), which will increase each year with cost-of-living adjustments. But in the case of the VA, this number will include both the applicant's assets and income. It will be indexed to inflation in the same way that Social Security increases. An applicant's house (up to a two-acre lot) will not count as an asset even if the applicant is currently living in a nursing home. Applicants will also be able to deduct medical expenses from their income. This can include Medicare, Medigap, and long-term care insurance premiums; over-the-counter medications taken at a doctor's recommendation; long-term care costs, such as nursing home fees; the cost of an in-home attendant that provides some medical or nursing services; and the cost of an assisted living facility. These expenses must be unreimbursed (in other words, insurance must not pay the expenses). The expenses should also be recurring, meaning that they should recur every month.
There is also a three-year look-back to determine if the veteran transferred assets in order to qualify for benefits. Applicants will have to disclose all financial transactions they were involved in for three years before the application. Applicants who transferred assets to put themselves below the net worth limit within three years of applying for benefits will be subject to a penalty period that can last as long as five years. This penalty is a period of time during which the person who transferred assets is not eligible for VA benefits. There are exceptions to the penalty period for fraudulent transfers and for transfers to a trust for a child who is unable to "self-support."
The VA will determine a penalty period in months by dividing the amount transferred that would have put the applicant over the net worth limit by the maximum annual pension rate(MAPR) for a veteran with one dependent in need of aid and attendance. For example, assume the net worth limit is $130,773 and an applicant has a net worth of $117,773. The applicant transferred $30,000 to a friend during the look-back period. If the applicant had not transferred the $30,000, his net worth would have been $147,773, which exceeds the net worth limit by $17,000. The penalty period will be calculated based on $17,000, the amount the applicant transferred that put his assets over the net worth limit (147,773-130,773).
Annual Pension Rate (MAPR). Following are the MAPRs for 2021:

Single veteran-$23,238

Veteran with one dependent-$27,549

Single surviving spouse-$14,934

Surviving spouse with one dependent-$17,815

How it works. The amount a person receives depends on his or her income. The VA pays the difference between the veteran's income and the MARP. John, a single veteran, has income from Social Security of $16,500 a year and a pension of $12,000 a year, so his total income is $28,500 a year. He pays $20,000 a year for home health care, $1,122 a year for Medicare, and $1,788 a year for supplemental insurance, so his total medical expenses are $22,910. Subtracting his medical expenses from his income ($28,500 - $22,910), John's countable income is $5,590. John could qualify for $17,648($23,238 - $5,590) in Aid and Attendance benefits.
To find out if you are eligible for Aid & Attendance benefits, please contact us for a consultation. Jo-Anne Herina Jeffreys is a VA Certified Attorney.

Other Articles You May Like

Baby Boomers Reclaim Dominance in the U.S. Housing Market

In a significant shift within the U.S. housing landscape, baby boomers have overtaken millennials to become the largest group of home buyers and sellers. According to the National Association of Realtors 2025 Home Buyers and Sellers Generational Trends Report, boomers now account for 42% of home purchases and 53% of home sales, surpassing millennials, who represent 29% of buyers. This resurgence is largely attributed to the financial advantages boomers hold. Having accumulated substantial home equity over the years, many boomers are able to make all-cash purchases, giving them a competitive edge in a market characterized by high mortgage rates and limited inventory. Specifically, 51% of older boomers (ages 71 to 79) and 39% of younger boomers (ages 61 to 70) paid for their homes in cash between July 2023 and July 2024. In contrast, younger generations face mounting challenges. The share of first-time home buyers has dropped to a historic low of 24%, down from 32% the previous year. Factors such as rising home prices, limited inventory, and difficulties in saving for down payments have made homeownership increasingly elusive for millennials and Gen Z.Additionally, multigenerational living is on the rise, with 17% of buyers purchasing homes suitable for multiple generationsa trend driven by cost-saving measures and the need to accommodate aging parents or adult children.This demographic shift underscores the growing influence of baby boomers in shaping the housing market, leveraging their financial stability to navigate and dominate a challenging real estate environment.

Stronger than a hurricane!

By Ryan KellerAs Southwest Floridians, weve seen storms of all shapes and sizes roll through our skies and over our beautiful beaches. From Hurricane Ian to Hurricane Helene and Hurricane Milton, weve had enough close-up experiences to keep hurricane preparedness top of mind as the 2025 hurricane season gets underway.Residential communities and businesses that have endured multiple storms take great pride in being prepared. At Gulf Coast Village in Cape Coral, for example, the life plan community has weathered 36 years of Floridas fiercest storms, yet not once has it been forced to evacuate residents. The same goes for The Preserve in Fort Myers; neither community has ever evacuated residents or had to worry about flooding.Building strong, storm-ready senior communities is important because the safety of residents who call the communities home is a priority in regular times and during weather emergencies. Leadership teams at Gulf Coast Village and The Preserve follow a proven hurricane preparedness plan, managing every detail with care, professionalism and compassion. That commitment to safety gives peace of mind to residents and their loved ones. They rest assured knowing there is a formal plan in place the Comprehensive Emergency Management Plan (CEMP), which covers risk assessment, policies and procedures, communications, training and testing. Leadership reviews the CEMP annually to assess protocols, update strategies and needs, and stock up on emergency supplies like generator fuel, medications, food, water and other items required for post-storm operations.Team members continue working as storms approach. Before and during Hurricane Milton, for example, residents at Gulf Coast Village heard daily overhead communication announcements and updates. Maintenance teams proactively shut down elevators to prevent damage if there was a power surge. Residents who rely on elevators or have difficulty on stairs were in their units before winds grew strong enough to knock out power. Resident checks continued throughout the afternoon and evening, as is standard protocol.The home health team contacted all clients who did not currently live at The Preserve or Gulf Coast Village campuses, ensuring they had proper supplies and that their homes were secured. Staff kept a running list of who was sheltering in place and who was evacuating, and to where.I have lived here for Irma, Ian and Milton, and I sincerely believe that there is no safer place in Cape Coral to be than Gulf Coast Village, said Margaret D., a resident of Gulf Coast Village. During the hurricanes, the staff went above and beyond anyones expectations to take care of all of the residents. I cant say enough about how well-protected we are!With the physical safety of residents under control, Gulf Coast Village and The Preserve strived to ease stress levels of residents during Milton by keeping their spirits high through engaging activities like morning exercise, The Hits of Motown and word games over a fresh cup of coffee. Afternoon activities included card games and a root beer float social, followed by a marathon game of bingo. For residents who do best with one-on-one engagement, an activities assistant conducted room visits with residents. Meanwhile, independent living residents kept themselves busy by playing Wii Bowling and enjoyed their weekly Wednesday After Dinner Social prior to Miltons landfall. They enjoyed Hurricane Happy Hour on the day of the storm, which featured special cocktails. Pastor Cheryl Leftwich was celebrated with a birthday party as the storm approached.Hearing testimonies directly from residents reassures leadership that proactive safety measures are doing their job keeping residents safe and secure. Independent living resident Millie H. passionately shared, My house flooded during Ian, and thats why I moved to Gulf Coast Village! I felt very comfortable here during Milton so much better than my previous experience.As the 2025 hurricane season fires up, we all hope Southwest Florida stays out of the forecast cone. If a storm comes our way, though, well be ready a plan is already in place.About the author Ryan Keller is the vice president of senior living operations for Volunteers of America National Services, the sponsoring organization of Gulf Coast Village and The Preserve. To learn more about Gulf Coast Village, call 239-510-8712 or visit GulfCoastVillage.org. To learn more about The Preserve, call 239-722-6167 or visit ThePreserveVOA.org.

Your Front-Row Seat to the Best of Naples Living

Its a breezy morning along Floridas Paradise Coast, and residents John and Evelyn are on their lanai taking in the Gulf views from their apartment home, sipping coffee, and mapping out the day ahead. For this active, socially minded couple, theres never a shortage of things to do near Naples, Florida, and living at The Glenview at Pelican Bay puts them at the center of it all.After a water aerobics class and light breakfast, they board the tram and glide past mangroves to a private beach for residents. By noon, theyre sharing lunch with friends at the SandBAR one of three exclusive Pelican Bay restaurants. The afternoon brings a stop at the Naples Art District. Later, the couple meets friends for an early dinner at BrickTops, then its off to a Naples Philharmonic performance.For most people, this would feel like a vacation, but for residents its just another day at The Glenview. Nestled in one of Naples most sought-after coastal communities, The Glenview offers more than just elegant livingit opens the door to world-class dining, entertainment, and exclusive amenities like private beach access.From Beachside Bites to Elegant NightsLiving at The Glenview means having exceptional Naples restaurantsall just minutes from home. From casual breakfasts to elegant dinners, youll find everything from fresh seafood and classic Italian to bold global flavors. Whether youre in the mood for fine dining or a local hidden gem, theres something for every craving.Looking to sample Pelican Bay foods and beachside bites? The exclusive Marker 36 and The Nest offer fresh, seasonal menus and unbeatable views. Its where locals and residents gather for sunset cocktails and toes-in-the-sand dining.When youre in the mood for Mexican, Roccos Tacos and Tequila Bar delivers lively vibes and flavorful dishes perfect for a night out with friends. Craving steak? Shulas Steak House offers a classic experience with mouthwatering cuts and refined service.For something globally inspired, locals love Le Indya, known for bold Indian flavors, or Namba, a hidden gem for sushi and ramen lovers. And when Sunday rolls around, youll find residents heading to The Ritz-Carlton Naples for one of the areas most iconic brunches.Here are more restaurants in Naples and Pelican Bay that combine great food, scenic views, and excellent value.Alexanders a newer spot on the scene with rave reviewsOsteria Tulia serving rustic Italian cuisine in a restored farmhouseSeasons 52 seasonal dishes and smart portionsThe Capital Grille known for elegance and consistencyLe Cafe Gourmand a local treasure for French-inspired cuisineBrio Italian Grille perfect for pasta and people-watchingHogfish Harrys relaxed, friendly, and always freshRead this article for more ideas on top restaurants in Naples, Florida.Entertainment and Exploration Close to HomeWhen it comes to things to do in Naples, the culinary scene is just the beginning. Catch a show at ArtisNaples, offering a rotation of nationally touring theater performances, concerts, and exhibitions. For movie lovers, CMX CinBistro Coastland offers a luxe take on your typical night at the movies, complete with reclining leather seats and full-service in-theatre dining.The charming boutiques and galleries of Fifth Avenue South and Third Street South are perfect for an afternoon stroll or a weekend brunch outing. Add in the lively Saturday morning Third Street Farmers Market, and youve got an ideal way to spend time with friends or grandkids.For other things to do near Naples, Florida, attractions like the Naples Zoo, Corkscrew Swamp Sanctuary, and scenic boat tours through Rookery Bay offer outdoor adventure and natural beauty just a short ride away.The Club Pelican Bay offers dining, golf, bridge games, and events. Many former golfers keep a social membership to enjoy the amenities. But every resident also has free access to the 27,000-square-foot Pelican Bay Community Center, featuring a gym, lectures, games, and social gatherings like the mens breakfast club and volunteer events such as Toys for Tots.Live Where Naples Comes to LifeWhether youre trying a new restaurant, attending a performance, or simply enjoying meaningful connections with neighbors, life at The Glenview at Pelican Bay is vibrant, fulfilling, and undeniably fun.Here, youre at the heart of it alla luxurious coastal retirement with the best dining, entertainment, and lifestyle amenities Southwest Florida offers. Contact us today to discover why The Glenview is the pinnacle of Naples living.Featured Image: Fotoluminate LLC / Shutterstock

Local Services By This Author

Kelleher + Holland, LLC

Elder Law 1100 5th Avenue South, Naples, Florida, 34102

Kelleher + Holland, LLC attorneys offer assistance in a wide variety of legal services. With extensive experience, as well as offices in Florida and Illinois, we have the skill and knowledge you need to find answers that are strategically designed to meet the needs of your specific situation. Our Naples practice includes: Estate Planning: We help individuals develop comprehensive estate plans that protect legacies and provide peace of mind.Elder Law: We help families take the necessary steps to ensure their elderly loved ones have the care they need going forward.Medicaid Planning: We help individuals protect their assets and qualify for Medicaid benefits to cover long-term care costs.Special Needs Planning: Our plans are designed to help ensure that your loved ones with disabilities are protected and provided for, while preserving their eligibility for government benefits.Probate: Our team guides families through each step, ensuring a smooth and efficient administration of their loved ones estate.Guardianship: We provide compassionate guidance and tailored legal solutions for the well-being of loved ones. Jo-Anne Herina Jeffreys concentrates her practice in the areas of Elder Law, Estate Planning, and Special Needs Planning and is a Certified Elder Law Attorney through the National Elder Law Foundation. She is an adjunct Professor of Law at Ave Maria School of Law in Naples, Florida, where she teaches Wills, Trusts, and Estates. As a member of the Special Needs Alliance, Jo-Anne is part of a national network of lawyers dedicated to serving families of individuals with disabilities. Among her many accolades, Jo-Anne has been distinguished as a Fellow of the National Academy of Elder Law Attorneys. She is also a frequent lecturer on Elder Law topics at both state and national levels, and is the co-author of Representing the Elderly Client - Law and Practice, Panel Publishers 1999, now Wolters Kluwer.

Kelleher + Holland, LLC

Probate 1100 5th Avenue South, Naples, Florida, 34102

Kelleher + Holland, LLC attorneys offer assistance in a wide variety of legal services. With extensive experience, as well as offices in Florida and Illinois, we have the skill and knowledge you need to find answers that are strategically designed to meet the needs of your specific situation. Our Naples practice includes: Estate Planning: We help individuals develop comprehensive estate plans that protect legacies and provide peace of mind.Elder Law: We help families take the necessary steps to ensure their elderly loved ones have the care they need going forward.Medicaid Planning: We help individuals protect their assets and qualify for Medicaid benefits to cover long-term care costs.Special Needs Planning: Our plans are designed to help ensure that your loved ones with disabilities are protected and provided for, while preserving their eligibility for government benefits.Probate: Our team guides families through each step, ensuring a smooth and efficient administration of their loved ones estate.Guardianship: We provide compassionate guidance and tailored legal solutions for the well-being of loved ones. Jo-Anne Herina Jeffreys concentrates her practice in the areas of Elder Law, Estate Planning, and Special Needs Planning and is a Certified Elder Law Attorney through the National Elder Law Foundation. She is an adjunct Professor of Law at Ave Maria School of Law in Naples, Florida, where she teaches Wills, Trusts, and Estates. As a member of the Special Needs Alliance, Jo-Anne is part of a national network of lawyers dedicated to serving families of individuals with disabilities. Among her many accolades, Jo-Anne has been distinguished as a Fellow of the National Academy of Elder Law Attorneys. She is also a frequent lecturer on Elder Law topics at both state and national levels, and is the co-author of Representing the Elderly Client - Law and Practice, Panel Publishers 1999, now Wolters Kluwer.

Kelleher + Holland, LLC

Veterans Benefits Attorney 1100 5th Avenue South, Naples, Florida, 34102

Kelleher + Holland, LLC attorneys offer assistance in a wide variety of legal services. With extensive experience, as well as offices in Florida and Illinois, we have the skill and knowledge you need to find answers that are strategically designed to meet the needs of your specific situation. Our Naples practice includes: Estate Planning: We help individuals develop comprehensive estate plans that protect legacies and provide peace of mind.Elder Law: We help families take the necessary steps to ensure their elderly loved ones have the care they need going forward.Medicaid Planning: We help individuals protect their assets and qualify for Medicaid benefits to cover long-term care costs.Special Needs Planning: Our plans are designed to help ensure that your loved ones with disabilities are protected and provided for, while preserving their eligibility for government benefits.Probate: Our team guides families through each step, ensuring a smooth and efficient administration of their loved ones estate.Guardianship: We provide compassionate guidance and tailored legal solutions for the well-being of loved ones. Jo-Anne Herina Jeffreys concentrates her practice in the areas of Elder Law, Estate Planning, and Special Needs Planning and is a Certified Elder Law Attorney through the National Elder Law Foundation. She is an adjunct Professor of Law at Ave Maria School of Law in Naples, Florida, where she teaches Wills, Trusts, and Estates. As a member of the Special Needs Alliance, Jo-Anne is part of a national network of lawyers dedicated to serving families of individuals with disabilities. Among her many accolades, Jo-Anne has been distinguished as a Fellow of the National Academy of Elder Law Attorneys. She is also a frequent lecturer on Elder Law topics at both state and national levels, and is the co-author of Representing the Elderly Client - Law and Practice, Panel Publishers 1999, now Wolters Kluwer.