A & A Daughter as caregiver

[Jana]

I am DEEP in this process for spousal Aid and Attendance for my mother.  What a convoluted mess!

I think I understand that a family member can provide the in-home-care and still qualify for Aid and Attendance.  My questions about this are:

1)  If my mother has been paying me by check for two months, are copies of the 2 checks enough proof of her care expenses?

2)  Do I have to care for her in HER own home - or can she come live in our home and still pay me?

3)  I was told that there needed to be a care contract defining the actual care given. Is there a VA form for this?  Is this the Attendant Affidavit that I saw a post about?  I can't find it on the VA site.

4)  If my mom is early Alzhiemers and the Doctor stated this on his form, Do I need to worry about the
21-22a - or should I just let the VA ask for this if they decide they need it.  She is still capable of signing her own application.

5) Somewhere I heard that I should not have her pay me since I am her power-of-attorney, but I think this was a problem for later medicaid transfer of assets, not the VA.  Any info on this?

Thanks

[vetadmin]

Jana,

#1  The VA is going to be looking for on-going expenses and you will need to show that the cost of her care is monthly
#2  The care can be provided in your home.
#3  You just need to draw up an informal agreement between you and your mother regarding her care and costs.  You might want to get it   notarized
#4  The noting of her early staes of Alzhiemers will more than likely impact the Fiduciary issue which will add additional processing time to the matter.  For the time being include the 21-22a with the application appointing yourself as her representative.
#5  The VA does not recognize POA or DPOA so this should not apply in this case.

[swainlaw]

I would advise you to get a formal contract that will qualify for Medicaid transfer purposes.  If your Mother was to need nursing home care, you do not want Medicaid to claim that the payments to you were a gift.  If the caregiver agreement follows Medicaid rules it will be good for VA and will prevent a penalty period for Medicaid.