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My "significant other", Howard, and I have been living together in Louisiana (no common-law) for 38 years. He is 86 years old and in poor physical and mental health (early, undiagnosed, dementia). I am 75 years old with no children. I am his sole caregiver and have resigned myself to care for him until I lo longer can safely. His children care only when it is convenient for them and they only rarely visit. Howard is not bothered by this because he says they all have their own lives. Initiative is not a word any of them are familiar with and they only help if specifically asked for assistance..
Howard retired from the Navy with 20+ years of service. We are not legally married. As a matter of fact, he is still legally married to the mother of his four very adult children. He has great health insurance and neither he nor his kids want him to get a divorce because she might lose those health benefits. Three years ago, I tried to apply for VA health benefits for him, he was denied because I used his wife's annual income on the application under the household income question. His PoA (financial) son had given me the income number after getting the info from his mother. The number he gave me and what the government had on record did not match. Thus the denial.
We need to reapply to the VA due to the hardship that his health issues has created. I have worked hard all my life, own everything including the house and its contents outright. He owns his car and a couple of pieces of furniture. He has a Navy pension, social security and a small amount of savings. Our finances have been completely separate for all of the years that we have been together. I do not intend to tie us financially together now and jeopardize my future for his "other family". When the VA asks for household income what are they specifically asking for? The VA people that I have talked to are very friendly but none of them can tell me what I need to do so as not to affect my financial interests. Since I have no interest in being legally married to him, I don't care if he is still married to the wife in name only.
Any help or information would be greatly appreciated.

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Best speak with legal or financial advisor; could also simply ask VA rep. but probably best to get independent legal direction.
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In my not an attorney opinion, you first and foremost need really good divorce / family law attorney in Louisiana. I’m in NOLA and your position or “standing” in this relationship, I bet, can be viewed very VERY differently than in any of the other States as we are French law based. Fr law views “family” way differently than English law. Like doing usufructs is super common, but kinda unheard of for most other States unless generational wealth is involved; we have “punitive” spouse standing that can be done. This is all stuff that descends from French law on cohabitation and what is family. If you can afford it, I suggest Howard & Reed, who has offices in NOLA and on the NShore in Covington. If you’re in another part of the State maybe call H&R to see who they recommend in your area. They are absolutely the best for family law & divorce related issues imho. You have got to get on this bc his wife or his kids could end up making the decision for him without any input from you…. You have to have legal draw up to define that you do first and foremost for him as per his doing. If they want to they can consider you to be just a roommate or he’s a tenant in your home and that (tenant) is something I’d be worried abt if they are feeling vindictive towards their Dad and your relationship.

2nd, get him on the waiting list for a LTC VA residential complex. There is one in Gulfport. He puts himself on the list but you do what needed to help him do this. I’m pretty sure he needs his records, etc to do the list. So starting on this asap is best. Btw GPT complex is amazing and all freshy fresh as all done post Katrina from below the ground up to be State of the Art for geriatric residential living. The waiting list is first come first serve too so does NOT do the “officers first”. The list seems to move at a good clip as families get all wadded & worried about hurricanes happening so drop out. Personally I wouldn’t fret that, they have a plan as Keesler AFB and Stennis Space Ctr which all just as coastal are nearby with their plans.

3rd if he is not right now being seen at a VA healthcare center, and for all his healthcare, I’d try to do that if feasible. So all his health issues are 100% in VA system. No having to get records from a clinic or hospital not on the VA database system as it’s going to pose issues in info received timely and delay processing and care plan. If this is currently what happening, I’d try to get whatever MD he has at the VA to get all his records from all other clinics, etc. and then also do a referral to have his primary doc moved to one that is VA (if his primary is not currently VA).

Also imo you have to get him to do HIPPA & DPOA & MPOA for you, and if he goes to GPT to live get it all done for MS as well. ((MS law requires PoA to be recorded at the courthouse although many do not. And fwiw the better NOLA law firms have attys holding LA & MS licensed as many clients have camps or 2nd homes in MS but live / work in NOLA / Northshore so easily do paperwork to fit each States filings.))
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how have you been completing tax returns?
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JoAnn29 Oct 22, 2023
She has kept her finances separate from his.
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Hire an outside attorney specializing in elder law / trust issues.
And then contact the VA. My experience with the VA is mixed. I called the correct Dept re benefits only to be told to look up the information on the internet (he didn't have it). Personally, I would not rely on information provided by a manager or clerk in any dept at the VA. Get an attorney.

And, your significant other NEEDS to be diagnosed. Why hasn't this occurred? There are tax / legal ramifications that need to be considered with his medical diagnosis / abilities / cognitive functioning, and the time-years and the work you have done / do taking care of him. Without knowing the legalities, the bottom line is protecting yourself and your assets, and his.

Are you his POA?
Do you have legal authority to manage any of his affairs / finances?

Gena / Touch Matters
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If you are near a military base or VA center, get an appointment with a legal representative. Bring documents that show your man is separated from his wife - proof of separate addresses and bank accounts may help. Let them guide you in this process.
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Norconium8: Contact the Veterans Administration.
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IMO, house hold meaning spouses needing to show both incomes. In this instance, the OP has kept her income separate. There is no comingling of incomes. She owns the home, seems he own nothing. They are independent from each other. His legal wife is not part of the household. So her income does not count. They have not shared a life for a long time.
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What an interesting (and complicated!) situation! I expect VA bases household income on the " household" as defined by legal marriage in which case the legal wife's income would count whether your LO has ever benefitted from it or not. I am certainly interested in what you can untangle from the ircumstances you both now find yourselves in,

I hope you will report back to the forum someday to let us know!
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Wilson 21... I've heard Patriot Angels are good but don't they charge for their services don't they?

Any Veterans Service Organization will help with no charge. We use the Veterans Affairs Officer in a county building.

Don't waste time asking anyone who is not an authority. Get your info from the proper source to be sure you are providing the correct info up front on your application so as not having to appeal unnecessarily.
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Call Patriot Angels, they can help with any VA benefits questions.
615-912-3162
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I just read some of your responses below....if his adult son has POA, why isn't he handling the application with VA? I feel like you are taking on all of the responsibility for Howard with none of the benefits and none of the authority.
I would be pulling the son into the situation. He has all of the information and should by applying for the benefits for his father.
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JoAnn29 Oct 19, 2023
You are correct, son should be doing it as POA. She is not a spouse, like I said a roommate. She can't sign the paperwork.
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Living together is easy when you're younger. As you age and health issues start to arise and you start dealing with retirement benefits and social security and Medicare and pensions and decision making, it gets rough. Last February I married the person I had been living with for 31 yrs. It solved a lot of issues.
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Since he is still legally married to the mother of his children, she is entitled to all of his VA benefits and social security benefits. If she has income, they will count it, but your income doesn't count in the eyes of the law. Just curious, how has he been filing his taxes..."married but filing separately?"

Since you are not financially tied, you are basically just filling out the paperwork for him.
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Your partner has stayed married to his long-gone wife, largely for her benefit in accessing his entitlements. He has now reached a point where this is no longer in his best interests because he needs to use his entitlements more fully. It is not in your best interests either, because he has no money (basically) and you are having to support him. You don’t want to “tie us financially together now”, because you would split your assets with him. This is certainly NOT in your best interests. You see that this would ‘jeopardize my future for his "other” family’.

In the past this has all worked well, but it isn’t working well now. Perhaps he needs to divorce his legal wife? Then he can apply for his entitlements based on only his income? Long-gone wife has done very well out of this fiction in the past, as have the adult children. Perhaps it’s now their turn to confront financial reality? Or perhaps he makes it clear that long-gone wife is NOT part of the ‘household’. Or perhaps he moves out while he applies for his entitlements as a sole household? Or perhaps long-gone wife and children-when -convenient stump up some funds to support their spouse and father, to make up for any benefits he can’t access? Or perhaps you and he say that this is your household – which would be the case where I am in Australia if your household expenses for food etc come out of the same ‘cookie jar’.

There comes a time when these strange arrangements no longer work! It’s probably time for a tricky lawyer to work out the next trick!
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Dupedwife Oct 19, 2023
In my opinion, the boyfriend seems more interested in protecting the separated wife financially than protecting the OP. To put it very bluntly, the boyfriend still cares for/loves the separated wife than he cares for/loves the OP. The dynamics of this relationship is very, very strange.
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If there is a Veterans Assistance Commission near you I would give them a call or go in and talk to them.
They can help complete paperwork and possibly research any other services he may be entitled to.
And the possibility of YOU getting paid to care for the Veteran.
There is no fee for the services that the Veterans Assistance Commission does.

I do agree with the others that if you have kept finances separate and do not file joint tax returns then I would think that it is his income alone that would be counted.
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If you file taxes separately, you are roommates. His income is his, yours is yours

Does he file joint with ex wife?
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Since u have never co-mingled your money and you own the home and whats in it, I would say you are roommates. I am assuming taxes are done separately too? Does he contribute to Mortgage and utilities? If so, thats rent, IMO. There is no household income because you don't live as a household, ur not married. You pay ur bills he pays his. Your a friend helping a friend fill out an application. As a roommate, his income is all that should count. You don't live together as man and wife. Basically, ur his landlord.😊
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Norconium8 Oct 12, 2023
Thanks for the information. He has never paid for the mortgage and has only recently started paying for half of the utilities. So... I guess I'm now a landlord.
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cwillie is correct. You need the VA to answer questions that are legally complicated. It is my own feeling that a person's income is as they would state it for IRS or tax persons. In your husbands case this is complicated in that he is married and not legally separated and you two are together and not legally bound in any wise. You need to know the right answer for this according to the VA, so the VA is where you get the answer. Ask for an advisor to help answer questions on the applications. There may be a number to call on the applications themselves.
If you go online to research this you get (among other answers) this:

"What does VA count as income for health care income limits?
We count last year’s income from everyone in your household. Your household includes you, your spouse, and your dependents if you have them. We count these 3 types of income:
Gross income from any jobs (before subtracting taxes and any deductions)
Net annual income from a farm, property, or business (after subtracting taxes and any deductions)
Some other sources of income that don’t come from a job
Gross income includes any of these income sources, and etc"

The results of being separated from a wife without LEGAL separation, and living with someone else leaves ALL of you in the muddy waters of uncertainty, and leaves YOU, especially, without benefits if anything happens to your vet. If Howard is no longer competent it is too late for him to work for legal separations. I sure wish you good luck. His wife's income is really of no use to him, so I hope it doesn't count. If you are not POA or Guardian for this gentleman, who now has dementia, I would call APS and ask how he can become ward of the state. This is going to be an awful lot to handle.
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Norconium8 Oct 12, 2023
Thank you for your help. We live in southern Louisiana and my house flooded with hurricane Ida in 2021. Although I Had FEMA flood insurance it did not cover displacement reimbursement. Howard stayed in an assisted living facility while I stayed with friends and in a very small, on-site RV for a year until the house was repaired. Anyway, Howard had to pay for the assisted living expense from his taxable savings which really skewed his ,professionally prepared, 2022 gross income tax returns. I guess we'll wait until the 2023 returns are filed to take further action.
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There are organizations that can help with applying for benefits, a quick search found this one but there are probably others.

https://vetsguardian.com/
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Norconium8 Oct 12, 2023
Thank you for the help. I am looking into this organization and will try to find others that can help me. I asked the PoA son to help me resolve this a couple of years ago. He initially tried, but lost interest when the VA pushed back on the first application. Maybe I'll give him this info and let him try again.
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