Category: Veterans Benefits

Maximize your veteran benefits with insights and legal guidance. This blog category covers VA disability claims, pensions, healthcare, education benefits, and survivor support. Stay informed with the latest updates, eligibility requirements, and step-by-step advice to access the benefits you’ve earned.

  • The Average Veterans Home Cost in Minnesota

    The Average Veterans Home Cost in Minnesota

    Veterans home cost is a 5 step math problem.  If you are afraid of math, do not despair.  The goal is to keep this element of the estate plan simple.

    In Minnesota, the cost for a veteran to live within a nursing home facility is broken into a daily fee.

    The intent of this article is to help Minnesota veterans and their families understand where the daily fee is derived.  In future articles, I will outline eligibility issues and cost waivers.

    Thus, going forward, here is what and how local Veterans nursing homes calculates their daily fee.

    Veterans Home Cost:  Minnesota VA Nursing Homes

    In case your estate planning process started with this article, here is the first major point:  every facility or home has a different cost.

    I know…this sounds more like a non-profit nursing facility, but it is true.

    If your family lives near one facility, then knocking on one door is easy.  If the veteran in your life lives in the Twin Cities, then perhaps there are a few more options.

    None the less, the process of price shopping requires making contact with every veteran’s home.

    Veterans Home Costs: MN Nursing Home Math

    Math can be scary for a lot of people.  Ultimately, I want to highlight four additional points:

    • Minnesota rule 9050.0500 tells us how each VA facility calculates their daily fee,
    • The calculation is based on a 12 month period (starting July 1),
    • The cost per Veteran is calculated into a daily fee, and
    • Each Veteran is billed the same daily fee.

    Many of the military families I serve are surprised to find out each veteran is billed the same daily fee.  Again, I am talking about a daily fee and will address fee waivers based on need and income in future posts.

    Veterans Home Costs:  5 Simple Calculations

    There are 5 basic calculations used to determine MN veterans home costs.  Luckily, military families can start by finding out the following:

    When talking with a veterans nursing home, ask:

    What was the total direct cost for your facility?

    What was the average number of residents last year on any given day?

    Can you tell me what the total indirect cost was at your facility?

  • Caring For Your Dog by using a Veterans Power of Attorney Form

    Caring For Your Dog by using a Veterans Power of Attorney Form

    A Veterans power of attorney form can help another person take care of your dog.  More importantly, the VA form for a POA can help families take care of their Veteran.

    Like you, I am a veteran.  Deep down inside, I believe all of us are afraid of VA hospitals and nursing home facilities in some capacity.  Wouldn’t it be nice if a Veteran’s family could make decisions and stand-up in a time of need?

    The process of granting a person within a family or a person outside a family the ability to care for a Veteran, their dog, or manage their affairs is as easy as adding the Veterans Power of Attorney form to an estate plan.

    Dangers of using a Veterans Power of Attorney Form

    Absolutely, the process of using a VA POA or Living will can be a dangerous proposition too.  In my experience, here are four (4) major dangers for Veterans using a Power of Attorney Form:

    1. Granting power to a person they cannot trust,
    2. The form contradicts another form in an estate plan,
    3. Not having a form or document that helps the Veteran in a specific situation needing attention, and
    4. Failing to fill out the form correctly.

    Preventing problems

    Here is how Veterans can prevent problems:

    • Identify a list of people they can trust,
    • Think through what or when the Veteran needs their help,
    • Ask if the Veteran might require medical attention outside the Veterans medical system, and
    • Will the Veteran’s wishes be impacted if another estate planning document contradicts their intentions?

    What can a Veterans Power of Attorney Form do for me?

    The most powerful form on the planet is likely granting another person power of attorney.  In other words, granting another person a power of attorney might allow them to literally do anything and everything without the other person’s consent.

    On the other hand, the form used by the VA does a “good job” of identifying this risk.  Perhaps more helpful is the fact the VA Form does more than granting a Power of Attorney.

    Yes, additionally, the form used by the VA can grant another person power to make healthcare decisions too.  This person is called a Health Care Agent

    Do Veterans need a Power of Attorney or Health Care Agent?

    Believe it or not, a spouse in Minnesota likely cannot act behalf of their Veteran if the Veteran fails to formalize a document granting their spouse power.  Absolutely, having a power of attorney or health care agent is a personal decision.

    However, many families are surprised to find out their abilities to help a Veteran are limited if certain documents are not included in an estate plan.

    In my practice, I prefer working with Veterans by helping them identify risk, alleviate fear, and have a formal estate document in place while trying to account for as many scenarios as possible.  For example, does the Veteran anticipate traveling abroad, traveling domestically or needing care at a Minnesota Veteran’s Nursing Home?

    Again, each process for each Veteran is going to be different because every Veteran has different wishes.

    Where can you find a Veterans Power of Attorney form?

    Yes, every Vet has the ability to download and print the VA’s form.  The form is number 10-0137 and it can be accessed here.  On the other hand, not every Veteran or family should use this form and I encourage Veterans to ask why.

  • Should I trust Military Legal Assistance with my Will?

    Should I trust Military Legal Assistance with my Will?

    Military legal assistance for your will and estate plan should be used in addition to legal help in your home state.  Not only did I serve active duty in the military, I help members of the armed forces and Veterans with their estate plans.

    Thus, if you are in the military or about to be deployed, consider these issues when trying to decide to engage JAG or military legal assistance for your will.

    When do you need military legal assistance for your will?

    Yes, I believe military legal assistance for your will and estate plan needs is a necessity for every person in the armed forces.

    On the other hand, every person in the armed forces should have an estate plan devoted to their belongings back home too.  For example, a will and a power of attorney.  Why?  Because your loved ones need your help in case of your demise or you are unable to talk for yourself while or before being discharged from the military.

    Why do military members need two estate plans?

    A person needs an estate plan for every State or Country you keep stuff.  If your car is located in Texas, but you have a Minnesota license plate, the rules governing your motor vehicle are going to be exclusive to Minnesota laws.

    If you have a bank account at the Credit Union on your base for fort and also have a bank account in your hometown, your hometown bank will require your loved ones to follow Minnesota laws to access your financial documents.

    If you have children and you want your parents to have the right to visit your children on your behalf, you need a parental guardian plan from Minnesota.

    Yes, contact this law office if you are trying to engage JAG or military legal assistance for your will and estate plan.  This is a necessity because a person in the armed forces likely will have two estate plans to accommodate their duty station and the State where they are from.  

    Advice from JAG and military legal assistance for your will

    If JAG or the person you spoke to about military legal assistance for your will tells you their documents are enough to proceed on a deployment, they are right.  In actuality, you do not need an estate plan to participate on a deployment.

    On the other hand, a person who does not take time to create an estate plan before they are deployed is putting their stuff, property, bank records, health care, and care for their loved ones at risk of problems and undesired chaos.

    Military legal assistance for your will and health care

    Unfortunately, members of the armed forces face dangerous situations and can require medical treatment above and beyond bumps and bruises.

    If you require medical attention and your family needs to seek health records on your behalf, consider seeking a health care directive (also called a living will) to support your wishes and desires in case you are not able to talk on your own behalf.

    What if you live internationally?

    Even if you live internationally, this law office has helped members of the armed forces with ties or connections to Minnesota.  If you need help or advice, please contact this law office for help.