Long-Term Care Benefits for Veterans
Due to the exploding costs of long-term care facilities (some facilities in Great Falls have rooms that cost $12,000+ per month), a key component of modern estate planning is addressing long-term care costs. Montana Estate Lawyers attorneys often talk with clients about Medicare and Medicaid for long-term care. These programs are complex and will vary with each client – we encourage you to schedule a meeting to discuss with your attorney if you have not already.
In this article, I want to make our clients who are military veterans aware of an additional program that may be available to them: Aid and Attendance (A&A) through the VA. A&A is an extra benefit available in addition to Medicaid for long-term care. The current maximum monthly A&A benefit is around $2,400 per month. To be eligible, you must be a veteran, or the widow of a veteran, who:
- Was on active duty for at least 90 consecutive days
- Was on active duty for at least 1 day during a time of war
- Qualifies for the basic Veterans Pension
- Meets the medical requirements
- Meets the financial requirements
What Counts as a Time of War
- World War II: December 7, 1941 — December 31, 1946
- Korean Conflict: June 27, 1950 — January 31, 1955
- Vietnam Era: February 28, 1961 — May 7, 1975, for Veterans who served in the Republic of Vietnam during that period; otherwise August 5, 1964 — May 7, 1975
- Gulf War: August 2, 1990, through the present day
Who qualifies for the Basic Veterans Pension?
- Eligible veterans must also meet at least one of these criteria:
- Be 65 or older with no or limited income
- Have a permanent and total disability
- Receive Supplemental Security Income
- Receive Social Security Disability Insurance
- Reside in a nursing home
What are the Medical Requirements?
- Veterans or surviving spouses must meet at least one of these clinical criteria:
- Be bedridden except for appointments
- Have severe visual impairment
- Reside in a nursing home because of physical or mental incapacity
- Require help with some activities of daily living (ADL’s) such as, but not limited to: bathing, dressing, eating, using the bathroom, etc.
What are the Financial Requirements?
The A&A financial requirements are similar to Medicaid’s – there are limits on the assets and income an individual can have before they will pay any benefits. In 2025, the net worth limit is $159,240, not counting your primary residence, one vehicle, and personal effects.
How do I Protect Assets to Get Below the Limit?
Our firm uses an estate planning tool called a Veterans Asset Protection Trust. If you put property in this type of irrevocable trust, it is no longer considered an asset of yours to be counted by the VA, allowing you to qualify for A&A without having to spend the family estate first. You have likely heard about Medicaid’s five-year look-back period. Another benefit for eligible veterans is that the A&A look-back period is three years.
Conclusion
If you believe you may be eligible for Aid and Attendance and are interested in estate planning to protect family assets, call 406-727-2200 to schedule a meeting with one of our attorneys. If you are not a veteran, but are still concerned about long-term care costs, our attorneys would be happy to meet with you to discuss Medicaid planning and your unique asset situation.
