Home Care By Family Member As "

Discussion in 'General Discussion' started by RZT, Apr 21, 2008.

  1. RZT

    RZT Newbie

    Hello! This is my first post.

    I have a question about whether a veteran can pay a family member to provide personal care services (aid & attendance) and if these payments can be used to offset the veterans income to qualify for the aid & attendance pension.

    Here is our situation (I will put in outline form for brevity):

    - My mother is a vet from WWII (Navy) and she is in her 80's
    - She has Alzheimer's and needs help with daily living activities
    - I am her Power of Attorney for Finances
    - She lived with my wife & I (in our home) until Oct. last year
    - I applied for VA Pension & A&A for her last Nov.; at that time she was living in an assisted living facility
    - Due to poor care, we moved her to another assisted living facility
    - Due to poor care in the 2nd facility, we have brought her back home with us this month
    - I just received notice from the VA that she has been approved for pension & Aid & Attendance (no info on benefit amount)
    - The monthly payments to both assisted living facilities took ALL of her monthly income (my brother & I paid the balance); so my understanding is that she would qualify for the maximum A&A payment during the time she was there.

    My question is, if my mother pays us (my wife and I) for the exact same care that she was supposed to get at the assisted living facilities, will the VA allow this to offset her income so that she qualifies for A&A payments? Also, what about room & board? Can she pay us for this and it also be allowed to reduce her income?

    Any help with this would be greatly appreciated. Also, are there any regulations that discuss exactly what expenses are deductible from income?

  2. RZT

    RZT Newbie

    Sorry, I forgot to finish the Subject line!
  3. veteranadvocate

    veteranadvocate Full Member

    See the attachment for VA regulations regarding this issue. I will attach additional medical expenses in separate posting due to size of attachments.

    The Veteran Advocate
  4. veteranadvocate

    veteranadvocate Full Member

    See attachment for items that the VA will consider as medical expenses to reduce income.

    The Veteran Advocate
  5. RZT

    RZT Newbie

    Thank you very much for the attachments.

    Based on the first attachment (M21-1MR, Part V, Subpart i, Chapter 3, Section D), it does appear to allow a family member to be paid.

    How about room & board? Can we combine the in-home care by the family member with room & board (ie. rent, utilities, & food) as a package, similar to the way it is done by nursing homes & assisted living facilities?

    It says that "Documentation must be submitted." Would a written agreement for the care along with canceled checks be sufficient?


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