Published on June 20, 2024. Last Updated on August 18, 2025.
As an elder law attorney, I often receive questions from veterans and their families about VA benefits—particularly the Aid and Attendance program. Many wonder why this topic is not a frequent focus in our weekly estate planning workshops. The truth is, we deeply value our veterans and their families; however, in recent years, changes to the rules surrounding these benefits have made planning for them significantly more challenging.
To help you understand the new landscape of VA benefits planning, I’ll walk you through what Aid and Attendance actually is, how the rules have shifted, and why those changes make planning more complicated than it used to be. We’ll also look at what options are still available and how you or a loved one might benefit. By the end, you’ll have a clearer picture of what steps you can take moving forward.
What Is VA Aid and Attendance?
The VA Aid and Attendance benefit is a needs-based financial assistance program. It is designed to help qualifying veterans or their surviving spouses offset the costs of long-term care. Many families are surprised to learn that this benefit exists at all, but for those who qualify, it can make a meaningful difference in covering care expenses.
Types of Care Covered
Aid and Attendance benefits can help pay for a variety of care services, including:
- In-home caregiving services – This includes the cost of hiring a caregiver to assist with daily activities such as bathing, dressing, eating, or mobility.
- Assisted living expenses – Many families rely on this benefit to help cover the cost of assisted living facilities, which can otherwise be prohibitively expensive.
- Medical care needs – From prescriptions to specialized treatments, the benefit can assist with medical costs that are directly related to the veteran’s well-being.
Who Qualifies for Aid and Attendance?
To be eligible, a veteran must have:
- Served at least 90 days of active duty.
- Had at least one of those days fall during wartime.
The monthly benefit is not insignificant. Currently, a qualifying veteran can receive around $2,300 per month, while a surviving spouse can receive approximately $1,200 per month. These funds can go a long way toward easing the financial burden of long-term care.
How the Rules Have Changed
For many years, families could work with an elder law attorney to implement legal strategies that allowed veterans to qualify for Aid and Attendance benefits while still protecting assets. The most common strategy involved creating an asset protection trust, which legally moved assets out of the veteran’s name.
Congress did not object to this type of planning. However, several years ago, the Department of Veterans Affairs used its rulemaking authority to implement a change in eligibility requirements—even though Congress itself had declined to impose such restrictions.
The Three-Year Lookback Period
The most significant change was the creation of a three-year lookback period for asset transfers. This means that if you apply for Aid and Attendance, the VA will look back over the previous three years of your financial history.
Any assets you transferred during that period—such as moving money into a trust or giving large gifts to family—will still count toward your net worth. This change was and is a devastating blow to veterans, causing eligibility for Aid and Attendance benefits to be difficult to attain.
As a result, if you want to protect assets and still qualify for benefits, planning must be done at least three years in advance. This makes it difficult for many veterans and families who were unaware of this benefit and hadn’t started planning until care was already urgently needed.
The Challenges of Planning Under the New Rules
While it is still possible to create trusts that meet VA requirements, these trusts tend to be designed for individuals with extremely high net worth—typically more than $12.06 million per person or $23 million per couple.
For the average veteran and their family, these trusts present several challenges:
- Loss of control – The veteran must give up direct control over the assets placed in the trust.
- Higher tax rates – Trusts are subject to significantly higher tax rates, which can erode financial savings.
For these reasons, VA-compliant trusts are rarely practical for the majority of families we serve.
The Current Asset Limit
Today, Aid and Attendance benefits are generally only available to those with assets below approximately $130,000 (not including the home and one vehicle). For many middle-class families, this makes qualifying difficult unless careful planning has been done well in advance.
Why We Don’t Focus on VA Benefits in Our Workshops
Many veterans and their families ask why our estate planning and elder law workshops don’t emphasize VA Aid and Attendance benefits more heavily. The answer is straightforward: under the new rules, there is very little that legal planning can accomplish unless planning began years earlier or the veteran is already under the asset limit.
This does not mean that the benefit is unimportant. On the contrary, it is a valuable resource for those who qualify. But for most families, the restrictions make it difficult for elder law attorneys to create effective strategies at the last minute.
Instead, our workshops focus on areas where families can take immediate, meaningful action—such as estate planning, Medicaid planning, and asset protection. These strategies remain effective tools for securing your financial future, even as VA benefits become harder to access.
What Veterans and Families Can Do
If you or a loved one is a veteran who may qualify for Aid and Attendance, here are a few practical steps to consider:
- Start planning early – If you think you may need long-term care in the future, talk to an elder law attorney now. The three-year lookback period makes early planning essential.
- Stay informed about eligibility – Asset limits and income requirements can change over time. Keeping up with current VA guidelines is critical.
- Contact your local VA office – For direct assistance with applications, your local VA office is the best resource. They can help you determine eligibility and guide you through the process.
- Explore alternative planning options – Even if Aid and Attendance is out of reach, there may be other strategies—such as Medicaid planning—that can help protect assets while ensuring access to care.
We’re Still Here to Help
Our office remains committed to supporting veterans and their families. At Bellomo & Associates, we continue to offer guidance in:
- Estate Planning – Creating wills, trusts, and powers of attorney to ensure your wishes are honored.
- Elder Law – Addressing the unique legal challenges that come with aging.
- Medicaid Planning – Protecting assets while ensuring access to necessary long-term care services.
- Asset Protection – Structuring your finances to safeguard your hard-earned wealth.
The difficulty surrounding VA benefits does not mean you are out of options. There are still meaningful steps you can take to prepare for your future.
Bellomo & Associates Stands Behind Our Veterans
We are still here for you and your family, even if the Aid and Attendance benefit is currently out of reach. Our goal remains to provide strategic and effective financial and life planning assistance to veterans throughout the US. We focus on the strategies that can genuinely help you achieve financial peace of mind.
If you or a loved one is a veteran exploring Aid and Attendance benefits, we encourage you to contact your local Veterans Administration office for up-to-date guidance. And if you want to ensure that your estate and assets are protected for the future, our team is here to help.
Schedule a consultation with Bellomo & Associates today, or register for one of our free weekly estate planning workshops. Together, we can create a plan that safeguards your future and provides security for your family.
