Attendant affidavit

Discussion in 'How to Apply Questions' started by Rlmoehring, Oct 18, 2012.

  1. Rlmoehring

    Rlmoehring Newbie

    My mother in law is a widow of a WWII vet. She must be attended 24 hours a day. Her adult daughters take turns caring for her, and they also have a nurse that helps out 20 hours a week. They need help, and would like to have a nurse come to care for her more hours. In order to show expenses that exceed income it seems my mother in law must pay them for caring for her. The problem is that she does not have money to pay them. How can we get the assistance to bring someone in to help, if we have to show we are paying them already to get the pension in the first place?
  2. care4vets

    care4vets Newbie

    I see there wasn't a response to your question and am just curious if you ever got an answer from your local VA office or one of the pension centers?

    It would seem to me that you could fill out an Attendant Affidavit for the family members and explain the lack of funds when it asks for payment amounts, declaring that once approved payments would begin. But it seems you can already easily demonstrate that care is needed for her 24 hours a day, so from a disability standpoint, it seems you wouldn't have a problem (as many are granted the benefit who don't need round-the-clock care).

    If the income level is low enough, I believe from a financial aspect she'd still qualify, even if payment is not being given to caregivers yet (check/search the appropriate Threads for Income requirements). My friend was awarded benefits even before she began paying caregivers; after she was granted benefits, she began paying caregivers.

    I am sure others have been in your situation and am curious how they have proceeded.

    I wish you the best.
  3. vetadmin

    vetadmin Administrator Staff Member

    Actually you have to be able to show a "need" for the pension due to out of pocket expenes. The VA does not award based on predicted or anticpated expenses. It is based on what you are currently paying for care.

    So many are in the situation of needing care, but cannot afford the care without some means to pay for it, which basically is a stand-off.

    Generally if you can hire outside care or a family member and pay them just enough to get income down to zero or negative at the end of the month, that can be a work-around.

    It sounds as though your friend may have claimed the expenses on the application. The kick-back from this would be when she filed, and if she got an EVR from the VA, they would not be able to support the claim of expenses.

    Not an easy situation, and a bit of a sticky-wicket.
  4. care4vets

    care4vets Newbie

    Hi VetAdmin!
    Just wanted to clarify that in my friend's case, she applied within weeks of her husband's passing. His Final Expenses were enough to have her income beneath the threshold for the Initial & First Calendar Year(s).

    Since she is legally blind, among other infirmities, there was no question that she was disabled. (Initially she was rated Housebound, but after we sent more details & caregiver affidavits, she was upgraded to A&A).

    I agree with you that caregivers should be paid asap. Your website has been such a valuable resource; I only wish I'd known of it prior yo applying....the advice offered would have saved us numerous delays.

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