Is it necessary to see an attorney to set up a caregiver agreement?

Discussion in 'General Discussion' started by Pamhut, Apr 25, 2014.

  1. Pamhut

    Pamhut Newbie

    It has recently become necessary for my father to receive assistance with everyday needs such as bathing, etc. I was recently told if he moves in with me or stays in his home that we could apply for a caregivers agreement to prevent him from going into assisted living. I was told we would need to see an attorney for the caregivers agreement to be completed. Is that necessary?
     
  2. VA Legal Team

    VA Legal Team Full Member

    This is a good question. Anyone who tells you definitely yes or definitely no based on your original post is giving you bad information.

    A general care agreement for aid and attendance is a relatively simple matter. In reality, you don't even need an "agreement" for Aid and Attendance. That is, you don't need any kind of formal contract.

    However, Medicaid considerations can be a factor when a parent pays a child for care, or anything else. If you think Medicaid is a possibility, talking to a Social Worker or an attorney may be a good idea.
     
  3. Pamhut

    Pamhut Newbie

    Thanks for the quick response. I've been overwhelmed by this sudden change in circumstances with my dad and realize now my post was not very clear. At this time, Medicaid is not something I think we will need. His social security is approximately $1600, but that is going to be wiped out quickly by his home health care needs. We looked into an assisted living apartment, but I think having to go to a cafeteria for each meal would be very difficult for him so we are trying to work out a way that he can stay with me while we wait for a senior living apartment to open up. The problem is that I work full time, go to school, and have two small children to care for as well I definitely need some home health care help for him. The agency that had been giving me advice previously told me that I will have to have a caregivers agreement drawn up by an attorney in order to apply for aid and attendance if he is not going to be in a nursing home or assisted living unit. I'm glad to hear this is not necessary. The Person I spoke to at the VA office told me to get the application to them by Wednesday so the "clock" would start and would then include The month of May. Is this possible sine he has only just begun to receive home health care services? Does he need to receive them for a certain period of time before we can apply for a&a?
     
  4. vetadmin

    vetadmin Administrator Staff Member

    You DO NOT have to see an attorney!! You can if you want to, draw up an informal agreement stating that you are providing his care and he is paying you "x" dollars. Whoever you hire to come in and provide care when you not there needs to be by check from his account, and the VA may ask for their SS#.

    Do not pay anyone to draw up an agreement for you.
     
  5. VA Legal Team

    VA Legal Team Full Member

    The person at the VA was, I'm assuming, talking about filing an informal claim. I believe this website has information on how to do that. If not, you can find VA Form 21-4138 and use that to tell the VA you want to file an informal claim. Check this website though.

    And yes, you can file for A&A even though the care has only begun.
     
  6. Pamhut

    Pamhut Newbie

    Thank you all so much! I'm not kidding when I say I would be lost right now without this website...not to mention $500 poorer! I will be sure to update on how the process goes for us. Thanks again!
     
  7. vetadmin

    vetadmin Administrator Staff Member

    You're welcome Pam, and glad to be here for you.
     

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