A&A Qualification: 'Assets'

[Sasquatch]

My mother recently entered a nursing home and father is beginning the process of entering an assisted living facility. From some of the reading I've done here at this site, I suspect our story is not all that uncommon.......

Dad recently found a tax man/insurance agent who is willing to 'donate' his time/efforts towards helping guide us through the application process to receive A&A benefits.

From the research we've done thus far, it *seems* my parents will meet most of the qualifications to receive A&A once Dad enters the ALF....except for one. Currently, their total assets are a fair amount above the $80k restriction. And that's where 'the guy' comes in......

'The guy' claims my parents can transfer some of their assets to us kids in the form of an annuity to get under the $80k restriction and qualify for benefits. Frankly, my suspicious nature is generating all kinds of 'Alert!' warnings about this.

While I seek no opinions/advise re: the annuity or it's implementation itself, I would be curious to know if anyone has any knowledge whether such a transfer of assets is a legit way to draw down their assets to qualify.(??) Somehow, I find it a little hard to believe the VA would't frown on such activity, but 'the guy' claims they don't have a 'look back' period for financial activity, and only look at your financial status from the day the application is received and forward from there.(??)

Any thoughts appreciated.

[veteranadvocate]

There are ways to protect the assets but it must be done before making the application.  It is true that the VA does not have a ‘look back clause’ like Medicaid.  I am not knowledgeable in the different types of ‘trust funds, etc’.  Of course, not knowing this individual (tax man/insurance agent) I do not know if he is qualified to determine what can be done and how it can be done.  I would feel better in contacting an ‘Elder Law Attorney’. 

[Sasquatch]

I would feel better in contacting an ‘Elder Law Attorney’. 

My sentiments exactly. And thanks for the reply......much appreciated.