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How To Get In The Door With Nursing Homes

by with No Comment Legal MarketingSystems & Processes

Say you're either a solo practitioner or a Relationship Management Services coordinator and you want to start working the "LWP – RMS" and begin marketing to nursing homes.  How do you get started?

Your first step is to go to Medicare.gov and check out their Nursing Home Compare search engine. Enter in your ZIP code and you'll get a list of the nursing homes in your area.  It’ll give you a breakdown on which ones are in Medicare/Medicaid, and which ones have VA.  It’ll give you the total number of beds in the facility.  You can even see the ownership, whether it’s individual or a corporation or who is involved in it.  Then, see if that same name or that same corporation pops up in other homes in the area; if they own multiple chains or multiple units in the area, that’s good to know.

Bigstock-Blue-Door--Very-High-Definiti-1429912Once you pinpoint some facilities to target, then it gets a little scary.  Most of the time, you will want to start by just visiting the facility to see what’s going on, and to make sure they don’t have some type of deal worked out with somebody else. You don’t want to step on any toes with existing financial planners or the like, so make sure you know what’s happening there.

Touring the facility will also let you know if they have deficiencies or strengths in any particular area. They might have really good staffing numbers, or they might have no complaints or other issues, putting them above average in these certain categories. Set that in your memory banks and database for sure, so when you’re trying to develop this relationship, you already have some background on the facility.  You kind of know what they’re going through.  You don’t want to look like you’re investigating them, you just want to be able to talk their language. You need to be able to communicate their sense of what their enroll numbers are.  How many rehab numbers do they have?  How many readmits?  Can they pick up any pending?  Are they having any issues with billing Medicare for rehab? Try to create some type of common ground in communication.  That opens up everybody else, from the business office to the director of nursing and up to the administrator.

Now that you've done some preliminary research, it's time to make your approach. You can start with the administrator, which is good – but to be honest, it’s hard to get to them.  They’re probably not going to take your call immediately, but don’t let that hinder you, because you're really trying to get to the person who will actually interact with you more in your role, and that’s the business office manager.  If you can get into that office, that’ll open the key to all the other positions that you’re trying to make a relationship with, including the administrator and the director of nursing, who will see your value. That person knows what you can bring to the situation, and might even advocate for you with the other players in the nursing home.

A good approach is to tell the receptionist you have some new information on Medicaid numbers that would help them, and that you'd like to present them to the business office manager if that person is available. Bring a fact sheet with your contact info on it; it can just show the numbers for this year, and if there have been any updates. The new information is often enough to get their attention, and it can help you  create that conversation on how things are going with their nursing home, if they’ve seen any changes or if they are running into low numbers.  Have they seen anything as far as having to deal with the readmits back to the hospital?  They start wanting to explain things to you and tell you how things are going. So now you’re listening instead of talking, and you’re coming at them from a place of, “We’re here to help you.”  You have to let them know that that’s what you’re there to do, not just to get referrals. You want to ask them, “How can we support you in any way?  What is it that you see us helping you with?” We like to use the term, “We want it to be your back office.”

Starting your conversations with this approach will bring you success in building your nursing home client base. But what happens if they won't let you in at all? Check back for more conversations about marketing your elder law / estate planning practice to nursing homes. 

If you are interested in learning more on this topic of marketing and what Lawyers With Purpose has to offer in legal technical support, join us at the most important event that will change your estate planning, asset protection and elder law practice.  The Asset Protection, Medicaid and VA Benefits Practice with Purpose Program is happening June 9th – 11th in Chicago, IL.  But register today to make sure you reserve your seat!

Roslyn Drotar, Coaching Consulting & Implementation – Lawyers With Purpose

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Lessons from LA Part 2 – Be Prepared, Persistent & Flexible

by with One Comment Legal MarketingSystems & ProcessesVA

A few weeks ago, I discussed my trip to Los Angeles to interview a big name – Betty White – for my TV show, Senior Salute.  The topic of choice was how pets enhance the quality of seniors as they age.  Betty White is a huge animal advocate.  A date was set, then reset, then canceled.

LosangelesWas I frustrated, upset and discouraged?  YES!  But, I decided to take the valuable lessons I learned and celebrate the courage it took to put myself out there and be vulnerable.  How many times a day do you or your employees put yourselves out there?  Each time you meet with a prospective client, meet with a new referral source, learn and implement a new practice area, like Veterans Benefits, have a difficult discussion about office policies with team members, and the list goes on. The fact of the matter is that we do it all day after day. But, we don’t recognize it or celebrate it. Often we only feel the pain of it.

Oh, I felt pain. I spent about $2,000 to fly to LA and stay in a hotel three time zones away.  Leaving my children and out of the office not working for three days.  Waiting for the call and the opportunity. Planning in advance, I purchased tickets to attend the live audience taping of Hot in Cleveland, the award winning show that Betty White stars in weekly. I didn’t want the entire week to be a loss. Because entrance is on a first come first seat basis, I wanted to ensure I got a seat so I showed up to the studio 3 hours early (in full stage make up, still with hopes of interviewing Betty).  I was third in line, certain to get a seat. I was told to speak with the floor manager about getting VIP status so I could do a “meet and greet” with the cast after the filming. She turned me down, twice. Yes, twice. I was persistent. But, I was also polite. After all, I had a gift to give to Betty that I had carefully selected and purchased in Atlanta.

Once I realized I was not getting access, I felt sorry for myself for a moment and let the hurt and embarrassment set in. Then, I looked around and thought, “I can and will have a great night and enjoy the good of it all.”

What I learned, that we can all practice in our offices, is that:

1. When you want something, go for it. Make all preparations to succeed. 

2.  Put yourself out there and be persistent but polite. Know when to sit down and enjoy the show.

3.  Be ready for anything, but also be ready to accept nothing in exchange of your efforts except the gratification that you took action. Not every at-bat is a home run. Sitting on the sidelines (once in a while) is enjoyable too.

4.  Congratulate yourself for the courage it takes to make the decisions you make and take the actions you take.  Many people only dream of things they want, but never take the first step toward achieving them.

5.  Recognize that failure is sometimes the thrust you need to move forward. John C. Maxwell wrote the book, Failing Forward: Turning Mistakes Into Stepping Stones, that is worth a read.

If your marketing efforts or the implementation of Veterans Benefits into your estate planning or elder care law firm are not going as you expected, stop and praise yourself for the efforts you have made so far. Then, review and make some changes toward the result you want.

Victoria L. Collier is a Veteran and Certified Elder Law Attorney, Fellow of the National Academy of Elder Law Attorneys, Co-Founder of Lawyers With Purpose LLC, and author of “47 Secret Veterans’ Benefits for Seniors—Benefits You Have Earned … but Don’t Know About.”

P.S.  I plan to write Betty White a personal letter, sending her the gift I got for her, and asking for an interview directly.  Let’s see what happens!

If you want to come see what Lawyers With Purpose has to offer your estate and elder law practice, please join us in June for 2.5 days full of training on Asset Protection, Medicaid & VA Practice With Purpose program. 

 

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Controlled Growth

by with No Comment Coaching & ImplementationSystems & ProcessesTeam Building

Sometimes just showing up is more than enough. There’s a quote that says, “90% of life is showing up.” I couldn’t agree more. Our last LWP Practice Enhancement Retreat brought home a powerful message: The Power of Community. The groundswell of last February's retreat was interest in “controlled growth.”  I have personally attended all 10 of our Practice Enhancement Retreats, and February's was life-changing and practice-changing for over 150 estate planning professionals from across the nation.  We were sharing values and goals with other like-minded entrepreneurs, law students, paralegals, client service coordinators, marketing coordinators – all of these different roles joined together to create a plan where there is controlled growth.

Bigstock-Three-plants-in-soil-Isolated-26041667The ongoing conversation about controlled growth played a big role in the success firms are seeing today, a little over two months since the last retreat. Some of the goals set in February have been met, some are on course to be met and some simply are not – and will not. Does that make those unmet goals a miserable failure? I would say no, quite the opposite. Those firms showed up and put pen to paper to create a path and a plan, and that alone is a success. The fact that they have the guidance system to know when to embark on the goal journey, and when it doesn’t necessarily fit and/or is no longer important, is success enough. They chose short-term pain over long-term pain and gave themselves permission to re-choose in real time. 

Being there means you hear things from other members – we call them your Board of Directors – like “You have to slow down and manage that growth,” or “You just need the faith. It will work if you do X, Y and Z because we have a tried, tested and proven track record.”  It means you can share what has worked and what hasn’t.  One of our  members declared in the room that he would be launching consistent workshops starting in a few months.  His Board of Directors responded, “You can’t wait!  You’ve got to do it now to leverage your time!” 

These conversations with others support you with controlled and consistent growth.  Most people are afraid of growth and success.  It’s scary.  They don’t know if they are doing it right.  They are afraid they are going to blow up what is working right now. Community can be the antidote for those fears.

The 150 folks leaving Orlando after retreat week were on a high – but we are seeing now that people are beginning to gap out.   June is just around the corner, and they’ll be back in the room for the next Practice Enhancement Retreat.  That will bring accountability.  Collaboration.  Meeting with their Board of Directors.   And there will be over 12 breakout sessions geared toward legal technical, practice efficiency, confidence building, creating a financial and client advisory board, a complete system for an annual client maintenance program and much, much more.

It’s hard to believe there are two short months remaining until the June Practice Enhancement Retreat. After the second week of June, most people start summer “break.” And next thing you know, Labor Day turns the corner and we are fast and furious into the holidays and the year-end wrap-up. Where does the time GO??! We were going to do X, Y and possibly Z, but…….

Sometimes we talk – but we don’t plan. Sometimes we plan, but we don’t pick the path. If every business owner were to achieve everything they’ve declared they’re going to do, we would have a bazillion fulfilled entrepreneurs, team and clients. Right about now some folks may have seven valid reasons why they are going to take a break from this retreat and join the next one so they can catch up on what they said they were going to do in February. They should consider the words of Victor Hugo, the author of “Les Misérables” and “The Hunchback of Notre Dame,” who said:

“He who every morning plans the transaction of the day and follows out that plan, carries a thread that will guide him through the maze of the most busy life. But where no plan is laid, where the disposal of time is surrendered merely to the chance of incidence, chaos will soon reign.”

The way to avoid chaos and lack in your life and in the lives of those you serve is to plan your work, work your plan, revise your plan, repeat cycle. And that is how you create controlled growth. Most of us just don’t know how to do it on our own. Reserve your seat for your firm at the June Tri-Annual Retreat now.  In the words of Yoda, “Do or do not. There is no Try.”

If you not a member and are interested in experiencing what Lawyers With Purpose has to offer, join us at our Practice With Purpose program June 9th, 10th & 11th.  But don't hesitate – register today, spots are filling up fast!  We'll see you there!

Molly L. Hall, Co-Founder, Lawyers with Purpose, LLC, and author of Don’t Be a Yes Chick: How to Stop Babysitting Your Boss, Transform Your Job and Work with a Dream Team Without Losing Your Sanity or Your Spirit in the Process.

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Civil Remedies For Elder Financial Abuse

by with One Comment SNT

Private civil actions for elder financial abuse under state law could include a complaint for restitution, compensatory damages, and punitive damages under one or more of the following.  The burden of proof for civil claims is usually "preponderance of the evidence."

  1. Specific statutory causes of action for elder financial abuse or exploitation.
  2. Fraud or constructive fraud on the elder.
  3. Breach of fiduciary duty, or aiding and abetting a breach of fiduciary duty, to the elder.
  4. Negligence.
  5. Rescission of transactions that damaged the elder.
  6. Conversion of assets stolen from the elder.
  7. Actions for an equitable accounting of the actions of a fiduciary charged with managing the property of the elder, whether as a Trustee or an agent (e.g. under a Power of Attorney).  Section 116 of the Uniform Power of Attorney Act (“UPOAA”) allows for certain persons to petition a court only “to construe” a Power of Attorney or “to review the agent’s conduct” thereunder, and to grant appropriate relief, but only if the Principal lacks the capacity to revoke the Agent’s authority or the Power of Attorney.  The persons who may petition for this judicial relief include the following.

a.     The Principal or the Agent

b.    A guardian, conservator, or other fiduciary acting for the Principal

c.    A person authorized to make health care decisions for the Principal

d.    The Principal’s spouse, parent, or descendant

e.    An individual who would qualify as a presumptive heir of the Principal

f.    A person named as a beneficiary to receive any property, benefit, or contractual right upon the Principal’s death, or as a beneficiary of a trust created by or for the Principal, that has a financial interest in the Principal’s estate

g.    A governmental agency having regulatory authority to protect the welfare of the Principal

h.    The Principal’s caregiver or another person that demonstrates sufficient interest in the Principal’s welfare

i.    A person asked to accept the Power of Attorney.

Bigstock-Several-Law-Books-With-Paragra-3525997Disinheritance statutes.  Several states (including Arizona, California, Illinois, Maryland, Oregon, and Washington) have enacted so-called “disinheritance statutes,” modeled after the more commonly encountered “slayer statutes.”  These laws preclude a convicted perpetrator of elder financial abuse from receiving benefits as a consequence of the death of the elder victim.  The abuser is deemed to predecease the victim for purposes of some or all of the following.

  1.  Inheritance under a Will or Living Trust.
  2. Inheritance under intestate statutes.
  3. Receipt of life insurance proceeds as a designated beneficiary.
  4. Elective share, statutory share, or homestead rights.
  5. Fiduciary appointments under documents executed by the elder victim.
  6. Benefitting as a permissible appointee of a power of appointment.

Registries of persons convicted of elder abuse.  Increasingly, Adult Protective Services agencies are creating and maintaining a registry of convicted elder abuse offenders that can be used to ascertain whether a prospective in-home caregiver (or other person with access to the elder) might have a history of, or propensity for, elder abuse.

Kristen M. Lewis, Esq., Member of the Special Needs Alliance and Fellow of the American College of Trust and Estate Counsel.

 

 

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April 2014 Member of the Month – Lloyd Copenbarger / Irvine, CA

by with No Comment Systems & Processes

Member-of-the-month-lloyd-copenbargerWhat is the greatest success you've had since joining LWP?

The greatest success we have enjoyed thus far has been the improvement in teamwork. Our internal communication has improved tremendously which means fewer mistakes and greater efficiency as well as serving our clients more efficiently.

What is your favorite LWP tool?

If you can consider the workshops a "tool" then that would be it. We have experienced great success in holding the 7 Threats workshops in our main office in Irvine, California. We have been able to host about 12 and every one of them has been full, and has resulted in a number of quality appointments.

How has being a part of LWP impacted your team and your practice?

Again, the increase in internal communication has made a big difference for us. The other major impact is that we now have a unified plan we all understand and believe in.

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Remedies for Elder Abuse: Criminal Prosecution

by with No Comment SNT

Additional challenges for prosecuting elder financial abuse are presented by the growing number of interstate and international mass marketing fraud cases.  Such cases include “grandparent scams,” foreign lottery scams and internet scams.  Coordination among local law enforcement authorities in multiple jurisdictions (domestic and international) is labor-intensive and problematic. 

Bigstock-Brown-Gavel-46632817Lines of communication between local agencies and the numerous federal agencies that have authority to investigate and prosecute interstate and international scams is either informal or non-existent.  Federal agencies involved in combating interstate and international financial crimes include the following.

 

  • Consumer Protection Financial Bureau.

  • Federal Trade Commission.

  • Securities and Exchange Commission.

  • Postal Inspection Service.

  • Federal Bureau of Investigation.

  • Department of Justice.

  • Department of the Treasury.

Federal elder justice programs are administered and funded through a complex intergovernmental structure.  The Older Americans Act of 1965 (42 U.S.C. § 3001 et seq.) established the Administration on Aging (“AoA”) within the Department of Health and Human Services (“HHS”) as the chief federal advocate for older Americans, and assigned responsibility for elder abuse prevention to the AoA.  In April 2012, HHS established the Administration for Community Living, which brought together the AoA, the Office of Disability and the Administration on Developmental Disabilities “to better align the federal programs that address the community living service and support needs of both the aging and disability populations.”  See GAO, Elder Justice: More Federal Coordination and Public Awareness Needed (GAO-13-498)(Washington, D.C., July 10, 2013), at 4 (available at www.gao.gov/assets/660/655820.pdf). 

The Department of Justice supports HHS elder justice programs and activities by pursuing civil and criminal prosecutions of elder abuse and neglect, as well as health care fraud matters.  Id.  at 7.  The Consumer Financial Protection Bureau (an independent Bureau within the Federal Reserve System) is charged with combating elder financial abuse through its recently established Office of Financial Protection for Older Americans (authorized by 12 U.S.C. § 5493(g)(3)) (“OFPOA”). Id. at 8.  The functions of the OFPOA must include activities designed to facilitate the financial literacy of persons age 62 and older to protect them from unfair, deceptive, and abusive practices.  See 12 U.S.C. § 5493(g)(1).

Kristen M. Lewis, Esq., Member of the Special Needs Alliance and Fellow of the American College of Trust and Estate Counsel.


 

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Why I’m Here

by with No Comment Coaching & ImplementationTeam Building

Every Friday we have a meeting with all members of our team. We start the meeting with personal wins, professional wins and one thank you to someone you would like to acknowledge for the week (doesn't have to be someone on the team/in the room). This week the head of our Member Services Department, Angela, shared her personal win, which was also her professional win. And, I have to say, for so many reasons, it turned into a win for many of us.

Bigstock-Why-Word-47846885Here's what Angela excitedly shared: “My win this week was our weekly CCI Meeting. Marci and Molly coaching to the entire CCI team helped me personally on so many levels. I was struggling with many things in my life, and after that call I walked away with not only a whole new perspective but excitement about how I could turn some things that were not working into a win. I never really understood why you had me sitting in these various meetings that didn’t necessarily pertain to my direct job. Now I get it, WOW!”

Our teams are often unclear as to why they are attending many of the meetings we have them in. Sometimes we hear those exact words – “Why am I here, what am I doing sitting in on this meeting, why do I need to be sitting in on this meeting.” Or, if we are paying close attention, we “hear” it visually with the eye rolling, disengagement, lack of note taking, lack of clarifying questions and/or input, that they have no idea why they are there.

Angela’s win this week reminded me that we all should take a few seconds and clarify our intention for having our team sit in on certain meetings, teleconferences or whatever we are trying to enroll them in. A simple “locker room huddle” prior to the event:

  • In prep: “The reason I want you to attend is to  ______ (observe or  plan to propose something afterwards)”;
  • During: “And what I expect to you to do during the meeting is ______ (take notes, just be present,  present x afterwards)”;
  • After the event:  “And I would like you to or expect for you and I to _____ ( spend 10 minutes immediately after to debrief,  schedule a one-hour strategy meeting after maybe four or five weeks of these calls so you can get as much info as possible, and then we can see where you stand in your current role.

Angela’s “simple” win was so very powerful, as it reminded me to let people know the intentions of an invite vs. allowing them to flounder in “why am I here?”  Angela is now not only excited for next week's CCI Meeting  but also definitely sees the endless opportunities available for her personally. But if we didn’t have the weekly team meeting “WINS” format, I'm not certain we would have know what an impact it made on the member services team, and we would also have missed a great  reminder to answer the question of “why am I here” prior to each meeting.

If you  are not having weekly team meetings and would like a suggested agenda, please email me at mhall@lawyerswithpurpose.com to receive a complimentary agenda.

Molly L. Hall, Co-Founder, Lawyers with Purpose, LLC, and author of Don’t Be a Yes Chick: How to Stop Babysitting Your Boss, Transform Your Job and Work with a Dream Team Without Losing Your Sanity or Your Spirit in the Process.

 

 

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Lessons From Los Angeles

by with No Comment Systems & ProcessesVA

California is known for being different – a place where stars rise and fall every day, working hard to make a name for themselves, then smearing it all over town.

How does this relate to your VA benefits law practice?

Photo copyI spent four days in L.A. in an effort to interview a big name who would propel my TV show, "Senior Salute," to new levels. The better the show is, the more it can help a broader audience of caregivers and people who are aging.

I had a date for the interview, but no set time. I spent time and money to be present for the meeting, even hiring a local makeup artist to come to my hotel to dress me up.  The interview didn't happen. So, why was I there for four long days when I could have been with my family or at the office?

My agent strung me along with little to no communication. It wasn't intentional, but it was frustrating nonetheless.

And it raised a question: How often do you string your clients along without communicating?

I arrived on a Tuesday night for a Wednesday interview. No word from my agent until 11:23 a.m. Wednesday saying, "Not today."  At 8:16 p.m., new message received: "Just heard back, we are in for Friday afternoon."  The next day, Thursday, February 27, next message, "Are you here tomorrow? They are getting us in about 3:00." Friday morning, no news. I call for a status and my agent tells me we are still only about a 50/50 chance. By 3:00 I knew there was no interview, but not because my agent told me, because if there had been one I would already have received my special pass. Instead, I used a ticket I got on the Internet to watch from the general audience the live filming of a show that night, featuring my big-name star. No VIP status.

Reading the above, it looks like there was constant communication.  And if I had complained to my agent about not hearing from her, she would have argued that she was doing everything she could and telling me everything she knew.  The problem, from the client perspective, is that she was telling me projections, possibilities and hopeful deliverables. What I wanted were the details of her efforts, the positive and negative conversations between her and her "contacts," so I could set up my own expectations and not feel so duped when the interview didn't take place.

How often and how detailed are you when communicating with your clients? Only when you have good news? Only when you need something from them? Only when they are calling you?

The VA application process can take an uncertain amount of time, sometimes more than nine months. Getting that monthly check to pay for care is the client's only focus, and you are the means of achieving that. It's very much like getting that interview, with my agent being my vessel. Even when there is no new news, clients want to hear that, which is why our office calls the VA each month for a status and then passes the information to our waiting clients. Just showing the details of our efforts is enough to keep them content, if not yet satisfied with the results.

Thus, my lessons from L.A. include:

1. Set and manage client expectations;

2.  Use clear, constant and honest communication;

3. And understand the unspoken gratitude from your clients when they are aware of your efforts.

P.S. While at the show, I even took actions to "do it myself" by approaching the set's floor supervisor to plead my case. One of the worst things that can happen is when clients take matters into their own hands because they have lost confidence in you. It rarely makes a difference in the result. It didn't in mine.

Victoria L. Collier is a Veteran and Certified Elder Law Attorney, Fellow of the National Academy of Elder Law Attorneys, Co-Founder of Lawyers With Purpose LLC, and author of “47 Secret Veterans’ Benefits for Seniors—Benefits You Have Earned … but Don’t Know About.”

 

 

 

 

Your Legal Hour – March 24, 2014

by with No Comment Systems & Processes

Welcome to Your Legal Hour!

This week’s topic is The LWP Relationship Management System (RMS).

Questions about the materials presented? Contact us at info@lawyerswithpurpose.com

Supporting Materials from This Session

Supporting Materials from Prior Sessions

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How Inheritance Affects VA Aid & Attendance

by with No Comment VA

Receiving an inheritance can be bittersweet for various reasons. First, you are probably sad the person died. You are also probably happy to be receiving money you need or maybe just want. This windfall, however, can terminate your VA Improved Pension benefits, to include aid and attendance.

Bigstock-Golden-coins-isolated-on-white-14443940Wartime veterans are entitled to receive Improved Pension benefits if they are disabled (with non-service-connected disabilities), if they served at least 90 days on active duty, with one of those days during a period of war, and if they have limited income and assets.

An inheritance is considered “income” when received. The income is then annualized over twelve months.  For example, an inheritance of $100,000 is received on February 25, 2014.  The income is considered as income for VA purposes from that date through February 24, 2015. How does this affect the pension with aid and attendance?

Assume that the wartime veteran, who is 80 years old and living in an assisted living facility because he needs assistance with at least two activities of daily living, is receiving the maximum VA Improved Pension award for an unmarried veteran of $21,107 per year ($1,758 per month).  Because the VA pension program is a means-tested benefit, the veteran’s income cannot exceed the maximum annual pension rate, which is $21,107 per year.  Thus, the receipt of $100,000 of inheritance, when treated as income, exceeds the $21,107 per year and may cause the benefits to be terminated.

Is there a way to maintain the VA benefit even when receiving an inheritance? Yes, but only if the veteran’s annual income, to include the inherited funds, is reduced based on deductible medical expenses. When considering income for VA purposes, the VA must deduct all recurring, out-of-pocket medical expenses from the gross income received.

To stick with the example above, the 80-year-old veteran receives annual Social Security of $13,200 and no other income. Adding $13,200 to the $100,000 inheritance would total income equaling $113,200 for a twelve month period. During that same period, the veteran pays $7,500 per month for assisted living costs and another $2,000 per month for home health care because he is a fall risk and wanders at night.  Thus, his monthly recurring, deductible medical expenses are $9,500 per month, which equals $114,000 per year.  When subtracting the medical expenses from income, $113,200 (income) minus $114,000 (medical expenses), the veteran has negative annual income, and thus would continue to receive his VA pension with aid and attendance at the maximum rate.

Therefore, when a client receives an inheritance, know that it does not automatically disqualify him for the pension, but it may require offsetting medical deductions.

Lastly, if the inheritance will cause termination or reduction of benefits, can the veteran disclaim the inheritance so that it passes to someone else?  For VA Improved Pension purposes, the answer is NO.  Even if the veteran disclaims the inheritance, the veteran has the duty to notify the VA of his right to receive the inheritance. The VA will count the “expected” inheritance as income even if the veteran never personally receives the money or asset. Thus, disclaiming is not a viable option.

Victoria L. Collier is a Veteran and Certified Elder Law Attorney, Fellow of the National Academy of Elder Law Attorneys, Co-Founder of Lawyers With Purpose LLC, and author of “47 Secret Veterans’ Benefits for Seniors—Benefits You Have Earned … but Don’t Know About.”