Law Office of Amy B. Van Fossen, P.A. - Elder Law

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Toll Free: 800-495-9153     Local: 321-426-1848

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Striving to Protect the people 
you love, the assets you own,
and the dreams you hold dear

Helping Families Create Valid Caregiver Agreements

More and more people in Florida provide care for a parent, grandparent of other family member. Often the care is provided out of love, with no strings attached. In other households, a parent may wish to compensate a loved one for the time and expense associated with providing care. Creating a legal contract for personal care services can provide important Medicaid planning protection for families. Moreover, many veterans and their families are not aware that VA benefits may be available to benefit the family under the Aid and Assistance program.

For families that are concerned about Medicaid eligibility, a properly drafted and executed caregiver agreement can be a valuable instrument. As a VA-accredited veterans’ benefits lawyer and an experienced Medicaid planning attorney, Amy B. Van Fossen can explain the benefits of creating a caregiver agreement to protect your family’s interests.

Caregiver Agreements For Military Families

For veterans and their spouses, the improved pension under the Aid and Attendance program is largely unknown. A&A benefits may be used to pay for daily care in your private residence, in an assisted living facility or a nursing home. To qualify for A&A benefits, your doctor must verify that you need daily help for activities such as bathing, eating, dressing and other personal care actions. You also need to have a VA-compliant caregiver agreement in place.

We regularly help eligible veterans and their spouses obtain these vital pension benefits to improve lifestyles and the quality of care that our nation’s heroes deserve. The technical requirements of a proper caregiver agreement are complex. It is critical for you to work with a VA-accredited lawyer to avoid missteps along the way in applying for A&A benefits.

Medicaid-Compliant Personal Care Agreements

Medicaid rules are also highly complex in terms of caregiver agreements. A large concern for many families involves the strict five-year look-back period in qualifying for Medicaid benefits. A caregiver agreement can protect assets, avoid the gift transfer penalty and allow an elderly family member pay for personal care services and still qualify for government benefits for long-term care. We can help you determine whether a caregiver agreement is appropriate for your unique situation and ensure that your contract is Medicaid-compliant to protect the interests of your family.

Get The Assistance You Deserve

There are substantial differences in the VA and Medicaid rules that govern personal care or caregiver agreements. It is critical for you to work with a knowledgeable attorney with experience navigating the complex regulations to protect your family. To arrange a meeting to discuss your health care concerns with a compassionate lawyer in Melbourne who is dedicated to all aspects of elder law, send us an email or call 321-426-1848 or 800-495-9153.