My mom needs aid and attendance to offset assisted living. How do I do it?

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Even with maximum benefit, I still have to sell her house to pay. She paid 135,000 for the house. Owes no mortgage. A contract to sell is 138,500. She will walk away with $128,000. She has no income but 1700 ski and her monthly room fee is 3600. How do I handle this sale without compromising her qualification? I have durable POA.

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the VA now has a specific Intent to File form that has to be sent in
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Contact an elder law attorney who specializes in government benefits! Not all do. They know the process for MediCal and VA benefits.
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The A&A was explained ver well. If you sell the house and the money is in your mom's acct, she probably won't qualify.
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Aid and Attendents is not that hard to apply for. First send a letter to the VA telling them that you intend on applying for the benefit the go to the VA web site and there a list of what paperwork you will need. Your father's discharge papers, you write away for them if necessary,parents marraige license, 1099 from SS, and the forms to print out needed to apply. It does take time to gather all of the paperwork. Carefully fill out every question on the forms, do not leave anything blank, fill in 0 with a slash through it everywhere you o not have an amount to put in the space. Put your father's SS# on the top right corner of every page of the forms. Also send in a copy of your paperwork that says you are your mothers POA.Contact your local VFW and they can tell you if they have a volunteer that is trained in VA benefits to look over the application. Be sure to have your mother sign the form and a form from the VFW giving them the authority to submit the paperwork on your mothers behalf. If your mother is very old or sick write a letter asking them the expidite the application. Give the VA about 4 months before you start calling to check on the status of your application. When calling the VA be mindful of the time zones and the times that offices are opening and closing. If you call within the last hour of the pacific time zone your wait time in the que is much shorter. Sometimes you will get a recording that says they will call you back at a time that you designate. Once your mother gets qualified (took us 11 months) We had to meet with a field officer to qualify me as my mother's fiduciary. I had to open up a separate bank account for the checks to be electronically sent to and the large retro active back benefits. Like with SS the VA will require you to submit a financial statement once a year to show them how the money is being spent. In my mothers case the whole benefit amount is given to the assisted living home where she lives. Good luck with the paperwork, it can be done. By the way it is against the law for any lawyer or anybody to charge for assisting you with the paperwork.
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An elder attorney is a good idea. Right now there is no look back for VA but that will likely change. You cannot have the assets from the sale of the house in your moms name. You will need a trust. The VApeople do not know how to do this. It soste several thousand dollars for the attorney but you will recoup that within a year
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A&A is beginning to scrutinize trusts for this very reason
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Please contact an Elder Care Attorney before you do anything! They will be able to tell you about your State Laws, and the best way to handle your situation. If she is already in Assistant Living, does the facility provide for Long Term Care? You will need to sell her home and spend down her money, before she would be entitled to qualify for Medicaid, this is why it is very important to obtain an Elder Care Attorney!!
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The straightforward question is her 'age'. And the next is what other disposable income she may have that is not out in the light. Here are some thoughts regarding both:

Does her age allow for a Special Needs Trust? If so, get an Elder Care Lawyer and put the proceeds from the house into the SNT. This will protect her monetary status when selling her house and other possessions. Be sure to read the last paragraph of this answer.

It sounds as though you have looked into help through DSHS. What kind of employment did she or your Dad have? There are resources you may not be aware of. Examples are VA benefits (regardless of the length of service or time of service). Has she had a long-term care insurance policy? Although this policy may not pay with a diagnosed dementia it impossible it will pay for nursing care (such as medication regimen), disposable personal products (such as Depends or other personal hygiene items). In other words take apart her day and look for payment of smaller items or services these do add up.

Is there another person living in the home that requires aid and attendance. If so check with your state laws to see if they stay in the home, will she then qualify for higher financial aid. You may find the need to have a person knowledgeable of state and federal regulations walk you through this process. Be sure to read the paragraph below.

No matter the outcome and losses, the house was a rainy day fund she wanted to help her though her final illness. If it is necessary to sell it, then do so knowing that this was her nest egg for her senior years. Above all try to remember that no matter the emotional connection for you to the house - this is her monetary asset to carry her through.
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Definitely pay an eldercare attorney. If you rent the house, and the house is titled in your Mom's name, that additional income has to be reported to the VA Pension Center and will likely disqualify the Aid & Attendance benefit.
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Good luck with so-called "Aids & Attendants." It's so complicated you can't do it yourself and those dudes at VA center also are clueless from the quagmire of paperwork. You probably need an attorney to get through it and that's going to cost a fortune in itself.
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