As elder law attorneys, we all know one thing—baby boomers are coming of age before our very eyes.  The oldest boomers turn 69 this year and they are hip, health conscious, tech-savvy Facebookers.  They have smart phones, enjoy great food and wine, walk their dogs in the park and go to the gym regularly.  As these boomers age, their care needs increase and so do their expectations for what is suitable for them.  In other words—our baby boomer generation is not looking for your grandmother’s old nursing home.  For them, it’s all about remaining active in the community for as long as possible.  Whether that means bringing in home care options, moving to a retirement community or transitioning to an assisted living facility, here are a couple of community care-based public benefits available to these boomers so that they can supplement their income, stretch their assets and remain in the community longer:

VA Aid & Attendance Program—

The A & A Program is administered through the Department of Veterans Affairs and offers a monthly stipend for veterans and their spouses who require the assistance of another person with activities of daily living such as bathing, dressing, driving, meal preparation, medication management, etc.  A & A benefits are often the difference between remaining in the community or needing to move to a nursing home. The receipt of this stipend can make the monthly cost of assisted living or home care affordable for the senior. The veteran must be honorably discharged and have served more than 90 days in the United States armed forces with one or more days served during a wartime period.  For a list of service dates, see http://www.benefits.va.gov/pension/wartimeperiod.asp.  It is important to note that the veteran is not required to have a service-connected injury or ever even left US soil.  For 2015, the maximum monthly amount is $1,788 for a single veteran, $1,149 per month for a surviving spouse of a veteran, $1,406 for a veteran’s spouse if the veteran is still alive and $2,123 for a married veteran where the veteran needs assistance.  There is a financial qualification component to A & A which is based on the individual’s income, assets and medical expenses.  Unlike MassHealth, there is not a ‘hard and fast’ financial limit, however, a qualified elder law attorney can often assess whether an application for A & A will likely be successful and whether any additional steps must be taken to qualify for the program.  Additionally, while there is currently no lookback period for A & A, proposed regulations indicate that a three year period will be imposed shortly to penalize transfers of assets in order to qualify for the benefit.

Frail Elder Waiver Program—

This MassHealth program is for individuals age 60 and older who require a nursing home level of care, but who are not receiving this care in a nursing home.  Most often, the Frail Elder Waiver (FEW) program is appropriate for individuals who are (or need to be) receiving home care through an agency.  The FEW program falls under the Home and Community-Based Services Waiver program administered through MassHealth.  In order to be eligible, individuals must meet set income and asset limits.  For married applicants, both the income and assets of the non-applicant spouse are disregarded.  Additionally, there is no transfer penalty for moving assets into the well spouse’s name prior to applying.  An applicant’s assets must not exceed $2,000 and the applicant’s monthly income must be below $2,199 (2015).  The FEW program can provide the following community-based care options—adult day care, home delivered meals, housekeeping services, home health aides, certain home improvements to increase accessibility, transportation services and certain personal emergency response systems.  While the FEW does not often pay for 24-hour care, it is a wonderful option to provide an aging senior with a significant amount of care at home.

As our innovative, lively baby boomer population continues to grow and change, so will our community-based benefits programs. What an exciting time to be an elder law attorney!

May 2015