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The Atlantic County Woman - http://www.acwoman.com
Commonly Asked Questions of an Elder Law Attorney – Part II
http://www.acwoman.com/articles/527/1/Commonly-Asked-Questions-of-an-Elder-Law-Attorney-a-Part-II/Page1.html
 
Commonly Asked Questions of an Elder Law Attorney – Part II
What long-term care benefits are available to veterans and their surviving spouses?

Long-term care costs can add up quickly. For veterans and the surviving spouses of veterans who need in-home care or are in an assisted living facility or nursing home, help may be available. The Veterans Administration 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 war time. 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 an assisted living facility or nursing home.

To qualify the veteran must have less than $80,000 in assets, excluding the home and vehicle. In addition, the veteran’s income must be less than the Maximum Annual Pension Rate, which for a single veteran is $18,654; $22,113 for a veteran with one dependent; $11,985 for a single surviving spouse; and $14,298 for a surviv­ing spouse with one dependent.

Income does not include welfare benefits or Supplemental Security Income. It also does not include unreimbursed medical expenses actually paid by the veteran or a member of his or her family. This can include Medicare, Medigap or Medicare supplement plans, and long-term care insurance premi­ums; over-the-counter medications taken at a doctor’s recommenda­tion; long-term care costs, such as assisted living or 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 occur every month.

How does the Aid and Attendance benefit work?

Let me give you an example. The amount a person receives depends on his or her income. The VA pays the difference between the veteran’s income and the Maximum Annual Pension Rate. 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 $13,064, which is $18,654 - $5,590, in Aid and Attendance benefits.

What are the benefits of pre-arranging your funeral plans?

Most people avoid planning for their funerals and instead leave the decisions to their loved ones. Unfortunately, due to emotional duress, waiting to make those deci­sions until immediately after death can be unnecessarily expensive. According to AARP and the Federal Trade Commission consumer guide for funerals, funeral and burial costs can easily exceed $10,000.

Most consumers have no problem haggling over the price of a new car, but never think about negotiating the price of a funeral. Compounding the problem is the feeling that the price spent is reflective of their feel­ings for the deceased. To help resolve these issues, an increasing number of people are planning their own funer­als. It is important to investigate the options and not let yourself be pres­sured into buying goods or services you do not want. You must learn to be an informed consumer.

Shopping around for funeral services can save you thousands of dollars. Do not assume that a funeral will cost the same no matter where you go. By federal law the funeral provider must give consumers a general price list of all goods and services. Typically included would be costs for the initial conference, con­sultations, paperwork and overhead. This is known as the basic services fee and is added to the cost of the funeral. There is a wide variation in the pricing of the basic services fee. The price list should include costs for transportation of the body, care of the body, including embalm­ing, and use of the funeral home for viewing, wake, visitation and funeral or memorial ceremony. It should also include alternative arrangements such as cremation and optional services such as flowers, use of the limousine and a casket. AARP rec­ommends obtaining price lists from at least three funeral homes before making a selection.

You may wish to make arrange­ments in advance, but not pay for the services in advance. Keep in mind that prices will change over time. You can make your prefer­ences known by writing it down and by including it in your letter of last instructions. Remember to give cop­ies to your family members and your attorney, as well as keeping a copy in a convenient and accessible location.

Make sure the funeral home is licensed and has a good reputation in the community. The National Funeral Director’s Association sug­gests that you call and speak with the funeral director to determine their professionalism and to make sure you are comfortable with them.


Michael Weinraub
Esq., Certified Elder, Law Attorney

Michael D. Weinraub is the sole shareholder of Michael D. Weinraub, P. C. located in Ventnor, New Jersey, where he concentrates his practice in elder law, life care planning and estate planning and administration.

Admitted to practice in New Jersey and Pennsylvania and before the United States District Courts for the District of New Jersey and the Eastern District of Pennsylvania, the Third Circuit Court of Appeals and the United States Tax Court, Mr. Weinraub is a member of the New Jersey State and Atlantic County Bar Associations. Mr. Weinraub is a member of the Elder and Disability Law and Real Property, Probate and Trust Law Sections of the New Jersey State Bar Association and is presently the Secretary of the Elder and Disability Law Section. He is a frequent lecturer on matters related to elder law, estate planning and administration for various organizations, including the Alzheimer’s Association.

Mr. Weinraub received his B.A., J.D., and LL.M. in Tax from Temple University.

For more information, visit www.ElderLawyerForYou.com  
By Michael Weinraub
Published on 08/30/2008