Five Facts to Know About Veterans Aid and Attendance Benefits  

By Attorney Suzanne R. Sayward

Many veterans and surviving spouses of veterans are not aware there is a benefit that will provide monthly income to help them pay medical expenses. This benefit, often referred to as "Aid and Attendance" is especially beneficial to veterans residing in an assisted living facility.

Here are five facts to know about Aid and Attendance benefits:

1. A veteran need not have a combat- or service-related injury or disability to be eligible for this benefit.

In order to be eligible for Aid and Attendance benefits, a veteran must meet the following criteria:

A single veteran can receive up to $1,704 per month and a married veteran could receive up to $2,020 per month.

2. A surviving spouse of a veteran can be eligible for Aid and Attendance benefits.

The surviving spouse of a deceased veteran can be eligible to receive up to $1,094 per month if she meets the eligibility criteria. There is no age requirement for a surviving spouse but he or she will need to provide proof that certain income and asset tests are met, in order to receive the benefit.

3. Aid and Attendance benefits are income tax free!

What more is there to say?!

4. In determining eligibility for the benefit, an applicant's income is reduced by his medical expenses, including assisted living expenses.

Although the income limitation for qualifying for Aid and Attendance benefits is relatively modest, an applicant's income is reduced by medical expenses for purposes of determining eligibility.

5. Although there is an asset test for eligibility, many veterans are able to meet the eligibility threshold with a little bit of planning.

In addition to an income limitation, there is also an asset test imposed in determining eligibility for Aid and Attendance benefits. However, even if assets exceed the guidelines set forth in the Veterans Administration regulations, there are many factors involved in determining actual countable assets for VA benefits purposes. Further, even if an otherwise eligible individual's assets exceed the asset limitation, there are planning options available to many people that will allow them to meet the eligibility requirements.

If you are a veteran or the surviving spouse of a veteran who could use some additional income to meet your medical expenses, or if you are considering assisted living but concerned about your ability to pay for the cost, contact your local Veteran's Service Officer or a VA accredited attorney to learn whether you are eligible for the Aid and Attendance benefit.

The much anticipated Massachusetts Uniform Probate Code (MUPC), which is designed to streamline the probate process and provide less court supervision for estates where heirs are in agreement, took effect on April 2. While the MUPC can offer time- and cost-saving benefits on many estate matters, there appears to be a big learning curve for attorneys, judges and Court personnel who work on estate settlement cases together.  

Add to this the reality that different county probate courts have their own procedural quirks and different judges and Court personnel interpret the new law and required procedures in different ways, and you have a system that is currently in a state of flux. Other players, such as banks who deal with Personal Representatives when opening or closing bank accounts, or title insurance companies who insure title to real estate that may be sold by an estate, also have their own interpretation of the law and what procedures they deem acceptable.

We are confident that everyone will get on the same page sooner or later, but change is not easy. If you are involved with the settlement of an estate in Massachusetts, you should be aware of the current probate environment. When we offer you advice on probate matters it is generally based on our years of experience with the Courts and how they operate. However, with the new MUPC legislation, there is no experience to draw from, either on our part, the judges' or the Court personnel, so predicting how matters will be handled and how long they will take is difficult until we all gain experience under the new law. In the meantime, our attorneys and staff will continue to work hard to sort through these issues and advise you on the best course possible in each instance with our characteristic patience and good humor.

As was the case under the old law, avoiding probate by having an estate plan in place is still the most cost-effective and time-saving course of action. We encourage all of our clients to meet with us to discuss how the probate process and the MUPC may impact their particular situation and whether probate avoidance with some or all assets is an effective planning strategy.