A Remarried Widow of a Veteran is Not Eligible for Military Aid and Attendance Benefits from the U.S. Government

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Veteran’s Benefits Attorney

Here’s a question that came up during a client interview. I’ll paraphrase it for ease of understanding: “My father was a Korean War veteran. He received Aid and Attendance benefits from the V.A. before he died in 2017. His wife, my mother, married a non-veteran in 2018. She’s still married to him. She was just diagnosed with Alzheimer’s Disease. She’s fine for now, but will need help in the future. Will she be eligible for Aid and Attendance benefits for home care?”

The answer is No. Even if the mother met all the other requirements for V.A. Aid and Attendance benefits, the fact that she remarried precludes her from receiving benefits based on dad’s military service.

The client was smart to start thinking about her mother’s future needs. I encouraged him to determine what other options may exist to help pay for her care, and what steps should be taken.

Also, I told him to make sure key documents are in place for her and properly drafted. Does she have a valid and updated durable power of attorney that gives her son and/or her current husband the authority to act on her behalf when she cannot? What about a health care power of attorney? Her other estate planning documents should be reviewed, too, or created if they do not exist or are outdated. Move forward with this planning without delay while his mother remains competent.

To discuss your NJ Veteran’s Benefits matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com.  Please ask us about our video conferencing consultations if you are unable to come to our office.

 

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