• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

The Potter Law Firm

North Carolina and Kentucky Estate Planning Attorneys

phone iconNC (704) 944-3245
KY (606) 324-5516
Attend A Free Seminar - KY Attend A Free Webinar - NC/SC THIS IS AN ADVERTISEMENT

  • Home
  • About Us
    • About Our Firm
    • Attorney and Staff Profiles
  • Practice Areas
    • Asset Protection & Business Planning
    • Elder Law & Medicaid Services
    • Estate and Gift Tax Figures
    • Family-Owned Businesses & Farms
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • Pet Planning
    • Probate
    • SECURE Act
    • Special Needs Planning
    • Trust Administration
  • Elder Law
    • Coping With Alzheimer’s
    • Emergency Medicaid & Nursing Home Planning
    • Guardianship & Conservatorship
    • Hospice Care
    • Medicaid Planning
    • Nursing Home Planning
    • Veterans Benefits
  • Communities We Serve
    • Kentucky
      • Boyd County
        • Ashland
        • Florence
      • Kenton County
        • Covington
        • Fort Mitchell
        • Independence
    • North Carolina
      • Mecklenburg County
        • Charlotte
        • Davidson
        • Huntersville
  • Resources
    • Definitions
    • DocuBank
    • Elder Law
      • Elder Law Links
      • Elder Law Reports
      • Local Elder Law Resources
        • Ashland Elder Resources
        • Covington Senior Resources
        • Huntersville Elder Law Resources
        • Independence Senior Resources
    • Elder Law Reports
    • Emergency Legal Documents
    • Free Estate Planning Seminars
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Estate Planning
      • Frequently Asked Questions for Families Without an Estate Plan
      • IRA & Retirement Planning
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid
      • Pet Planning
      • Trust Administration & Probate
    • Is Your Estate Plan Outdated?
    • Kentucky Probate Resources
      • Ashland, Kentucky Probate Resources
    • Newsletters
    • North Carolina Probate Resources
      • Huntersville, NC Probate Resources
    • Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Elder Law Reports
      • Estate Planning for Niches
      • Trust Administration
  • Contact Us
  • BLOG
Home » Elder Law » Huntersville Veterans Aid and Attendance Attorneys Can Protect Your Benefits

Huntersville Veterans Aid and Attendance Attorneys Can Protect Your Benefits

July 10, 2018 by John Potter

Huntersville veterans aid and attendance attorneys If you are a wartime veteran who has 90 days of active duty, one day of that time beginning or ending during a period of war, you may be eligible for Veterans Aid and Attendance benefits.  A surviving spouse who was married at the time of the veteran’s death may also be eligible for these benefits.  There are both medical and financial qualifications that determine eligibility.  Our Huntersville veterans aid and attendance attorneys can explain what you need to know in order to avoid making mistakes with your application.

Gather the necessary documents before you apply

When completing the Veterans Aid and Attendance Application, there are certain documents you will need to gather along with the documents the government will require you to complete and submit. Here are examples of documents that you will need to have available:

  • Discharge/Separation Papers (DD-214).
  • Copy of Marriage Certificate and any other marital information.
  • Copy of the Death Certificate (for surviving spouses only)
  • Copy of current Social Security Award Letter
  • Net Worth information
  • Proof of income
  • Proof of insurance premiums, medications, medical bills or any other medical expenses that are not reimbursed by insurance, Medicare, or Medicaid.
  • Court order of guardian appointment (if the guardian of the veteran or surviving spouse)
  • Physician statement regarding medical condition
  • Nursing Home Status Statement
  • Banking information for Direct Deposit of benefit payments
  • Employment history (unless you are over 65)
  • List of all doctors and hospitals visited in the last year.

Required Veterans Aid and Attendance Forms

Once you have compiled your documents and other information you may need, the next step is to complete the required forms and submit your application.  Veterans must obtain and complete VA Form 21-527EZ (For Veterans) and spouses must complete VA Form 21-534EZ (For Spouses). You should follow the instructions on these forms but if you need assistance, you can contact the Veterans Administration in your area or one of our Huntersville veterans aid and attendance attorneys.

Qualifications for Veterans Aid and Attendance benefits

In order to meet the medical qualifications and be eligible for Veterans Aid and Attendance benefits, you must be able to show that you require the assistance of another individual in performing daily tasks for yourself. That includes eating, dressing, grooming, etc. Eligible veterans or spouses who are blind, nursing home patients with a mental or physical incapacity, and assisted living residents typically qualify for these benefits, as well. Much like other types of government benefits, eligibility for these benefits also requires a limited amount of personal financial resources. Applicants for Veterans Aid and Attendance benefits can have no more than $80,000 in assets excluding their residence and vehicles.

Submitting the application by mail

Once you have completely prepared all of your application materials and gathered your supporting documentation, you can mail your application to the processing center for your state.  Our Huntersville veterans aid and attendance attorneys strongly recommended that you mail the application and other materials by Certified Mail and request a “Return Receipt” so you can maintain a record that your application was received. The address for the submitting your application for Veterans Aid and Attendance benefits in North Carolina is:

Department of Veterans Affairs
Claims Intake Center
Attention: Philadelphia Pension Center
PO Box 5206
Janesville, WI 53547-5206

The next step after applying for Veterans Aid and Attendance benefits

The most important thing our Huntersville veterans aid and attendance attorneys want you to remember is that every individual’s application is unique and may have its own set of complications.  In addition to that, each processing center is not the same. Some may be more efficient in handling claims than others.  If any of the required information is missing from your application, the processing of your application will be impacted.  Usually, it takes between 8 to 10 months for applications to be processed.  Once the process is completed you will receive a determination letter.

You can request expedited processing for older applicants

If you are applying for Veterans Aid and Attendance benefits and you are age 90 or older, you can request that the application process is expedited. There are regulations established by the Veterans Administration’s regulations that say applications for benefits for a veteran or widow age 90 or older are to be given priority. In order to request this expedited process, you can simply submit a cover letter stating that request along with your application.

Requesting the appointment of a fiduciary

In certain situations, a loved one wants to serve as the fiduciary for a veteran or a veteran’s surviving spouse. However, the Veterans Administration does not recognize powers of attorney so, instead, a fiduciary needs to be appointed.  In order to be approved as a fiduciary, the Veterans Administration must make a determination of your fitness for handling the financial affairs of the applicant based on their established guidelines. If you have questions about this process or any other benefits questions, discuss your situation with our Huntersville veterans aid and attendance attorneys.

Join us for a free seminar today! If you have questions regarding veterans aid and attendance benefits or any other elder law matters, please contact the experienced attorneys at The Potter Law Firm for a consultation. You can contact us either online or by calling us at (704) 944-3245 or for individuals in Kentucky at (606) 324-5516 (Ashland, KY) or at (859) 372-6655 (Florence, KY).

  • Author
  • Recent Posts
John Potter
Latest posts by John Potter (see all)
  • What You Need to Know about the Medicaid Look-Back Rule - January 3, 2023
  • How to Pass Down Your Legacy in Your Estate Plan - October 3, 2022
  • Practical Steps to Take after Receiving a Terminal Diagnosis - September 30, 2022

Filed Under: Elder Law Tagged With: Aid and Attendance, elder care lawyers, Elder Financial Assistance, Elder Law, Elder law attorney, Military Service, Veterans Benefits

Other Articles You May Find Useful

Medicaid estate recovery
Advocacy Groups Call for the Eradication of the Medicaid Estate Recovery Mandate
Medicare Part B premiums
An Overview of 2022 Medicare Cost Increases
elder financial abuse
Elder Financial Abuse Is a Looming Threat
Veterans Pension
This VA Benefit Can Give Seniors a Boost
long-term care planning
Will Medicare Cover Living Assistance?
nursing home asset protection Medicaid planning
Longevity Statistics Shed Light on Nursing Home Asset Protection

Free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

Texting Permission

Follow Us

  • Facebook
  • Instagram
  • LinkedIn
  • RSS
  • Twitter
  • YouTube

Subscribe to Our Blog

  • This field is for validation purposes and should be left unchanged.

Testimonials

default image

Overall The Potter Firm was very professional. They took what could of been a very complicated process and were able to break it down so it was a lot easier to understand. We are confident we now have made the right decisions in our estate planning. Good firm to work with.

DKS & KMS Client Review August 28, 2020

default image

John Potter has been a real pleasure to work with. He is very knowledgeable and explains things in a very simplistic manner so the average person can understand how/why the laws are written. He is very attentive and asks questions in such a way that not only helps him understand your goals, but also helps you think about what type of goals and expectations you should be considering. Exemplary client service.

David J. Client Review August 28, 2020

default image

My husband and I selected Ms. Potter to assist with our small business. She responsive and attentive every time I have a question or need assistance, and is extremely knowledgeable and able to answer any legal question I have had. I know I can count on Ms. Potter for all of my business legal needs and I would highly recommend her to anyone needing legal assistance with such.

Jillian Client Review August 28, 2020

<< Prev
Next >>

Where We Are

Ashland

ASHLAND
1620 Carter Avenue
Ashland, KY 41101-7631
Phone: (606) 324-5516
Fax: (606) 324-4766

Charlotte

CHARLOTTE
15720 Brixham Hill Avenue
Suite 300,
Charlotte, NC 28277
Phone: (704) 944-3245

Huntersville

HUNTERSVILLE
11330 Vanstory Drive
Huntersville, NC 28078
Phone: (704) 944-3245

Northern Kentucky

NORTHERN KENTUCKY
7310 Turfway Road
Suite 550,
Florence, KY 41042
Phone: (859) 372-6655

Office Hours

Monday8:30 AM - 4:30 PM
Tuesday8:30 AM - 4:30 PM
Wednesday8:30 AM - 4:30 PM
Thursday8:30 AM - 4:30 PM
Friday8:30 AM - 3:00 PM

Map/Location

potter_sidbr_map
potter law logo
  • Facebook
  • Instagram
  • LinkedIn
  • RSS
  • Twitter
  • YouTube

The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Privacy Policy | Terms of Service | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys

© 2023 American Academy of Estate Planning Attorneys, Inc. THIS IS AN ADVERTISEMENT