Aid and Attendance Asset Test

[bayoung63]

My father-in-law (WW2 Vet) and mother-in-law live in a Calif. assisted living, with cost going up due to needed daily care.  They have assets over 80,000 but most of that is in a Trust.  Are Trust assets included in the Asset test?

At their assisted living home a company came and gave a seminar and said they could get him the aid and Attendance money but would charge about 1,800 bucks.  They didn't seemed concerned about the money they have in a trust.

Any help would be appreciated.  THANKS for the website.

[veteranadvocate]

Go to the following link and review opinion 33-97.

http://www.va.gov/ogc/opinions/1997precedentopinions.asp

There are different types of trust funds and I feel you would be better off talking to an 'elder law attorney' before taking any action.  The VA only looks at income and assets from the date the application is filed.

The company charging $1800 to file the application is very steep. There are some agencies that will do it for free.  Most States have County Veterans Service Officers or State Service Officers that can provide the service for free.  You can also visit the site VetAssist.org and they have step by step information that will allow you to complete the application by yourself.

Hope this is of some help to you.