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Thursday, November 1, 2012

The downside of Veterans Annuities the salesperson won't tell you about

 

Florida Certified Elder Law Specialist
Nationally Certified Elder Law Attorney
Florida and New Yokr Bar
 
The pitches are everywhere in Florida: So-called Veterans Benefits experts offer free seminars to condo associations. They advertise on radio and in newspapers. The companies they represent have patriotic-sounding names. They distribute glossy brochures stuffed with red, white and blue.
 
So what are these folks selling? Veterans Annuities. The pitch is this: If you are an otherwise eligible veteran who cannot get Aid and Attendance benefits because of excess assets, all you need to do is buy one of these annuities with the excess assets, and voila: instant access to benefits to help you pay the costs of long-term care nursing home, assisted living or home care. It is true enough that the V.A. does not "look back" at asset transfers, but there's a lot more to this issue that you need to consider before taking the leap. 
 
First, tying up money in an annuity is almost never a good idea for an elderly person. If you ever need the money, you'll incur substantial penalties when you withdraw it.
 
Second, people need more intensive help as they age, not less. So if you're a veteran or surviving spouse in need of Aid and Attendance benefits, somewhere down the line you may want to apply for Florida Medicaid benefits for long-term care to help you with your more extensive needs. In Florida, if the veteran purchases an annuity and then has to apply for Medicaid for long-term care, the state of Florida MUST be designated as a beneficiary of that annuity for Medicaid expenses. That's the part that the annuity salesperson doesn't tell you, and may not know himself. One thing is for sure: the commission to the salesperson on these products is quite handsome.

Iif you are a veteran or a veteran's surviving spouse and need help, DO NOT purchase an annuity without consulting with a Florida Bar Certified Elder Law Attorney who is also accredited by the V.A. to give benefits advice. Your attorney will help you fully understand the pros and the cons  and explain alternatives  to buying an annuity. All the attorneys of The Karp Law Firm are V.A. accredited.

 





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