Newbie seeks advice for Aid & Attendance

Discussion in 'General Discussion' started by Michael, Jul 15, 2011.

  1. Michael

    Michael Newbie

    Hello to all, this is a new experience for me, will try to keep this brief. In a nutshell, my father-in-law, a WWII
    veteran aged 91 and suffering from dementia was approached earlier this year by an "estate adviser" claiming to be an expert about VA benefits. He persuaded my father-in-law (Ralph) to sign a "service agreement" whereby Ralph agreed to give him 5 months of Aid & Att. benefits if he qualified. Ralph received his award letter in March, $1885 per month. He and my mother-in-law have been living entirely on Social Security in a mobile home park in Hemet, Ca. My wife (an only child) and I are awaiting the interview to be named as fiduciaries. Now, this "estate advisor" is demanding $9425 for his "services". Is this legal, and what
    can we do about it if not? While we agree that the adviser did indeed assist, we feel that $9425 is outrageous, and have offered him 3 months, which he as refused.
    Michael
     
  2. vetadmin

    vetadmin Administrator Staff Member

    It is illegal to charge a veteran for assisting with making application; however what many of these "individuals" do is to charge for a separate service and "claim" to not be charing for the filing.


    Did he restructure their assets to make them qualify for the pension?

    You need to look at the agreement and see how the wording explains the charge of the 5 months award. Let me know how that agreement reads and we can then make a proper suggestion.
     
  3. Fit2009

    Fit2009 Sr. Member

    It is illegal to charge anything linked to the successful outcome of the claim, so they do not owe the money. PERIOD.
    It is completely legal to charge a preapplication fee - comiserate with the time spent - which would NEVER be $9,000 and then assist with the applicaiton for free.
     
  4. Michael

    Michael Newbie

    Thanks for your timely response. Here is what the statement he just sent me says:

    "Veterans Aid and Attendance planning services $9425.00
    (Monthly award $1885.00 x 5 = $9425.00)

    Please make check payable to,

    Craig Smedley
    23900 Hayes Ave
    Murrieta, Ca 92562 "
     

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