Need Sound Advice asap, please

Discussion in 'Tips and Resources' started by annie90210, Sep 14, 2012.

  1. annie90210

    annie90210 Newbie

    Hi everyone,

    My father passed away, who was a veteran. We (my brother and I) applied for Aid and Attendance with an organization that was set up specifically to help her get the Aid and Attendance. We weren't sure about Medicaid, Va Assistance or anything, certainly has been a learning experience. Anyway, My mom got approved after several months and received the max award. She lives in Pa and a portion is income and another portion is Aid and Attendance. I feel like there was some fraud committed by this organization that helped my Mom by adding an expense to her medical form that was submitted that we didnt really have. Can someone please recommend an attorney because I need some advice on this. I think this organization was trying to pull the wool over the VA's eyes. In the meantime my mother doesnt qualify for senior care because her income is too high...because of this "error". I don't want to name the company on this website right now. Thanks for any replies!
  2. katoomba

    katoomba Newbie

    Me too! Re: Need Sound Advice asap, please

    "What a world, what a world!" :eek:

    I would like to ask about this too. Family members went to a seminar at an ALF on behalf of my mom-in-law, and later met with the person. My husband is very concerned (the other 2 kids seem warm to the proposal that followed, involving shifting assets around so she could apply for this A and A benefit). Hubby has have been reading about this, how sometimes annuities make sense, and sometimes not at ALL. It all sounds great when they explain it.

    But something similar to what the first poster is talking about seems to be part of their plan --- they want to create a caregiver expense to lower her income, and my sweet, loving, caring and dedicated sis-in-law, who would not tell a lie even if you put a gun to her head, and is as honest as the day is long, well, they are telling her that the way it works, is that their Mom writes a check to the child who is visiting, for "caregiving" (which they actually do perform while there, but not sure its what the VA would mean). Two of the kids are a few hrs away and visit often, and caregiving of various kids is done when they are there, so that part seems okay to me.

    But here's the kicker. That person is supposed to purchases whatever his Mom needs that is medical or whatever, I think pay themselves as well, and then sis-in-law asked, then we should return whatever is remaining to her when we leave? I heard her ask this question on the conference call, in those words (buy the stuff, return the money) and the guy said, yes, this is what you do, like that is all perfectly fine. How is she supposed to know any different, he is very smooth. But this is completely NOT okay, right? Am I missing something, or is this possibly (am afraid to say the word), *fraud*? Is this guy actually telling my beloved and beautiful, practically saintly, sis-in-law to do something wrong? She would be HORRIFIED if this were so. She is innocent in a very lovely kind of way. I don't want to alarm her unnecessarily, she has enough on her mind (her own mom has been in a coma for several years, so tragic). Can you help me understand? There is also a bunch of asset shifting being proposed, involving cashing in a mature, single premium annuity intended by their Dad to be life ins. that he paid 100K for 20 yrs ago and gives them all 100K when their Mom passes away. They want to cash in half of that, and liquidate her modest brokerage, to buy 3 new annuities in the kids name, all so she can qualify for this benefit.

    ALL of this makes my BS detector fly off the charts. If we turn out to be right (these people are being -- to put it tactfully -- irresponsible with their advice), can you help me in finding a very very tactful, loving way to divert his siblings' attention from these people, that does not have to ever tell her she may have been in danger of being taken advantage of for annuity comissions? Oh I haven't mentioned that yet. Right.

    The asset shifting. They want the kids to cash in about half of a matured annuity that their Dad bought for 100K (it pays out 300K when Mom passes away -- 100 to each child). They also are advising the family to cash in her brokerage account of 100K, and to buy 3 new annuities in the name of the kids, all so she can get her assets to about 50K. They say, oh, these annuities are the only way to protect your mother, and she can have the money whenever she wants, yes there are penalties, but look! The 24K in VA benefit will offset that, it is a "WIN-WIN." "I can see no possible negative outcome!" Say what?!? First of all, you have to buy the things before you even apply. How can anybody guarantee the success of an application, am I missing something here?

    Sigh. If I am having so much trouble with this, and I am fairly young, have an education, love to read and look things up, how is somebody in declining health, memory issues, dementia maybe, and worried as hell about their survival, supposed to deal with these professionals? Argh. I guess mainly what I need today is tactful way to divert them, that is also fairly forceful or convincing. Being loving and kind is very important right now, not upsetting people it is hard enough, and the kids all love each other, things are good right now.

    Then, maybe they will let hubby hire the top-notch geriatric care manager I found months ago, they balked at the 100/hr cost for her to consult and write a plan (she est. it would not go over 500 for a Care Plan we could submit to the LTC company, she was going to coordinate with the doc, do ALL of that, I thought it was a bargain, for the qualify of this person and her skills/knowledge), she was hired by the person who runs the Nursing Home Ombudsman Program for the entire state, she is awesome and knows how all this works. OMG she could have saved us so much time for not a high cost, but hubby yielded, we could not get them to 'hear' us, we really did try ... so hard to know when to push and when to yield. Then, a competent estate planner (and asking about prices for trusts), followed by a measured, careful, prudent divesting of assets, over time, as people do in any estate planning, NOT specifically to qualify for a benefit, but just because it's smart. Then LATER, if it does appear she might qualify or need it, she can proceed in a manner that is appropriate. Am aware divesting disqualifies for Medicaid, but we think her LTC plan is excellent and she will never need it unless the company goes belly up (is Triple AAA rated, and she is 82, and not in good health, so, well you know).
  3. OP, yikes! That is scary. I do not know what to do there. :(

    2nd poster....I heard that line (about giving parents the money back) also. It is VERY dishonest. I would point out to her that if the VA ever found out, it could not only cancel the award...but I bet there would be legal ramifications, as well. She sounds line an honest person, so I do not think it would be difficult to talk to her.

    Even if the VA never found out, it is just wrong, period. I cannot believe so-called professionals advocate that kind of thing, but they do.
  4. Max

    Max Hero Member

    If the VA found out, you could very likely be referred for criminal prosecution. It happens a lot more than any of these scam artists will let on.

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