My Father has slightly more money than the 80k max to receive a pension and aid for caring for his needs. 2 brothers say to give the overage to the grandkids and accept the pension and aid. The other 2 brothers say that it is fraud to give money away in order to qualify for the pension and aid.. So he just keeps wasting his own money on home care, cleaning service, landscape & home repairs,medications etc and expects all of his sons to do all these things for him no questions asked. Here is the website we printed for him and the other brothers.. . https://www.agingcare.com/articles/VA-benefits-for-veterans-and-their-caregivers-136403.htm .... Why do the 2 brothers not want this assistance dad is entitled to... How can I get this assistance for him? He agrees when he is with us, but change his mind as soon as he is with the other 2 sons.
I think you need to consult with an expert as to what the best course of action is.
Wilful divestment, I think they call it, the practice of giving your money away in order to duck under a means-testing limit. Not fraud, but clearly not the kind of loophole your father is comfortable exploiting, either.
Medicaid is mentioned because if he ever - for some reason - may need Medicaid, he will have problems if he's been giving money/assets freely on the look back period.
This why consideration of Medicaid when qualifying for the VA pension is important:
I appears doubtful to me that Home Care, Assisted Living, or potential nursing home EXPENSES, in years ahead can be maintained in his financial condition,
So just "giving it away", improperly (His assets) to get the benefit of $1,788 a month plus his income may NOT fully support the increasing monthly care expense later
So in a couple years or sooner, after he has in an UNPLANNED way reduced his assets, and may need Skilled Nursing, Medicaid will say: "going back 60 months from application what happened to the assets"?! Triggering a DISQUALIFICATION PENALTY PERIOD
Proper planing for a senior in these cases for both VA and Medicaid purposes, is no different than taking your IRS deductions,
There are indeed proper ways to do this. Another thing to remember; It is simpler to enter a CHOSEN Nursing home under private pay, that accepts both payments of private and Medicaid, than to be assigned one not of your choice.
Asset preservation/protection plans are indeed very important, and ALL cases are individual.