The VA and Medicaid landscape is ever changing, and always in favor of government. We wrote you last fall to advise you of the pending 36-month lookback for VA Aid and Attendance. The new rules would impose a 36-month look back and penalty period for transfers made by individuals applying for Aid and Attendance benefits.
The simple solution is to divest excess assets prior to the effective date of the proposed bill. The preferred method is to transfer assets to an asset protection trust outside the name of the veteran and the veteran’s spouse (if any). Funding an asset protection trust would also start the clock running on the current five-year Medicaid look-back.