Aid & Attendance asset limits, primary residence, and transfer look back regulations – 844-292-1318 Massachusetts legal aid

Everyone is wondering whether and when the proposed regulations discussed in this video will take effect. How long do we wait, and will all of this make the wait time longer?

Another big question is whether VA even has authority to make many of the changes it is proposing. The National Academy of Elder Law Attorneys is taking the position that VA cannot impose the lookback and penalty period regulations, because those must be authorized by a Congressional VA statute to be valid. VA is trying to exceed its statutory authority under 38 U.S.C. 501(a)(1), 1522, 1543 & 1506(1). So, The lookback and penalty periods should be stricken from any final rules because Congress would have to act on those issues.
https://www.naela.org/NAELADocs/NAELA_Comments_RIN%202900-AO73_March-17-2015.pdf

Elder Law attorneys with NAELA believe that partial cures should be allowed for people who have made transfers, and that the time allowed to cure a transfer is too short and should be expanded.
The VA should adopt Medicaid rules that exempt transfers to a sole benefit trust for a disabled family member. Other problems include a conflict between transfers for less than FMV and transfers to trusts and annuities. The proposed regulations lump all trust arrangements into one negative category. There is a need to differentiate between revocable and irrevocable trusts. The 2 acre lot limitation will negatively impact rural Veterans.

The comment period has now passed, but it’s not too late to contact your member of Congress. It’s important to get Congress to inquire about these changes. Call your representative in the US Congress to alert them to the problems with the proposed regulations. They do respond to knowledgeable constituents.

More information on these proposed regulations and current pension amounts at:
http://masshealthhelp.com/html/veterans_benefits.html

Detailed articles on Aid & Attendance are at:
http://www.agingcare.com/Articles/va-aid-attendance-new-eligibility-rules-177294.htm

This Video Podcasts does not provide any legal advice. The Video Podcast is limited to general information and resources for people in Hampden County, Massachusetts. You can’t rely on general information in a Video Podcast to make decisions about your specific case. You should consult a professional in your local area to discuss the facts of your specific case. Small differences in law, regulations and practice can cause big differences in how each matter is handled in different States and jurisdictions.

I serve clients in Hampden County, Massachusetts. There is no attorney-client relationship with viewers of these video podcasts, or with people who view my websites on Elder Law-Medicaid http://masshealthhelp.com/‬‬‬‬‬ and Estate Planning-Real Estate http://estateplansplus.com/‬‬‬‬‬

If you or your loved one do live in Hampden County and you’d like to learn more about how we might be able to help you, call to schedule an educational meeting to discuss your individual concerns, and the specific facts of your case. (413) 567-5600.

VA received more than 880 comments on the proposed rules discussed in this video. Most expressed criticism. A wide range of organizations commented, from Veterans Service Organizations to direct-care providers.

The National Academy of Elder Law Attorneys is taking the position that VA cannot impose the lookback and penalty period regulations, because those must be authorized by a Congressional VA statute to be valid. VA is trying to exceed its statutory authority under 38 U.S.C. 501(a)(1), 1522, 1543 & 1506(1). So, The lookback and penalty periods should be stricken from any final rules because Congress would have to act on those issues.

https://www.naela.org/NAELADocs/NAELA_Comments_RIN%202900-AO73_March-17-2015.pdf

Elder Law attorneys with NAELA believe that partial cures should be allowed for people who have made transfers, and that the time allowed to cure a transfer is too short and should be expanded.
The VA should adopt Medicaid rules that exempt transfers to a sole benefit trust for a disabled family member. Other problems include a conflict between transfers for less than FMV and transfers to trusts and annuities. The proposed regulations lump all trust arrangements into one negative category. There is a need to differentiate between revocable and irrevocable trusts. The 2 acre lot limitation will negatively impact rural Veterans.

Call your representative in the US Congress to alert them to the problems with the proposed regulations. They do respond to knowledgeable constituents.

More detailed article at:
http://www.agingcare.com/Articles/propsed-changes-to-aid-and-attendance-affect-caregiver-pay-178761.htm

More information on these proposed regulations and current pension amounts at:
http://masshealthhelp.com/html/veterans_benefits.html

https://www.federalregister.gov/articles/2015/01/23/2015-00297/net-worth-asset-transfers-and-income-exclusions-for-needs-based-benefits

This Video Podcasts does not provide any legal advice. The Video Podcast is limited to general information and resources for people in Hampden County, Massachusetts. You can’t rely on general information in a Video Podcast to make decisions about your specific case. You should consult a professional in your local area to discuss the facts of your specific case. Small differences in law, regulations and practice can cause big differences in how each matter is handled in different States and jurisdictions.

I serve clients in Hampden County, Massachusetts. There is no attorney-client relationship with viewers of these video podcasts, or with people who view my websites on Elder Law-Medicaid http://masshealthhelp.com/‬‬‬‬‬ and Estate Planning-Real Estate http://estateplansplus.com/‬‬‬‬‬

If you or your loved one do live in Hampden County and you’d like to learn more about how we might be able to help you, call to schedule an educational meeting to discuss your individual concerns, and the specific facts of your case. (413) 567-5600.

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