Even if you took mom's money which would be a felony:
Massachusetts' law requires any adult child, who has “sufficient means,” to provide support and maintenance for a parent, if the parent, “through misfortune and without fault of his own, is destitute,” is unable to support and maintain his or herself, and is living in the state of Massachusetts.
No, you should not transfer her money. Not so much because of the VA but because Medicaid maybe in her future. And Medicaid goes back 5 years. VA will not pay totally for her AL care. That 125,000 will be gone in at least 2 yrs. Medicaid will be needed by that time and you cannot have Medicaid and A & A at the same time. Medicaid is higher so A&A drops off.
No, why would you do that? Keep joint accounts for as long as your mother is alive. That way, when she passes away, you won't have to jump through the fiery hoops to close out the bank accounts.
When the VA starts paying Aid & Attendance benefits, they'll want to assign a Federal Fiduciary which will require one of you to apply for. I had to get letters of reference from a few people who could vouch for my character & integrity before the VA would agree to appoint me as mom's Federal Fiduciary. That person's name will appear on the new bank account (along with mom's) which will have to be opened separately once the VA funds are approved. It's a whole hoop to jump through which the VA will advise you on. I was the FF for mom for 7 years after dad (the veteran) died and mom received his survivor A&A benefits from the VA. You'll also have to keep meticulous records on how this money is spent b/c the VA sends out an examiner every so often to look over your records, interview mom at the Assisted Living Facility, and make sure the funds are being spent correctly, for her care & living expenses, etc.
Massachusetts' law requires any adult child, who has “sufficient means,” to provide support and maintenance for a parent, if the parent, “through misfortune and without fault of his own, is destitute,” is unable to support and maintain his or herself, and is living in the state of Massachusetts.
ADVERTISEMENT
You are joking, right?
When the VA starts paying Aid & Attendance benefits, they'll want to assign a Federal Fiduciary which will require one of you to apply for. I had to get letters of reference from a few people who could vouch for my character & integrity before the VA would agree to appoint me as mom's Federal Fiduciary. That person's name will appear on the new bank account (along with mom's) which will have to be opened separately once the VA funds are approved. It's a whole hoop to jump through which the VA will advise you on. I was the FF for mom for 7 years after dad (the veteran) died and mom received his survivor A&A benefits from the VA. You'll also have to keep meticulous records on how this money is spent b/c the VA sends out an examiner every so often to look over your records, interview mom at the Assisted Living Facility, and make sure the funds are being spent correctly, for her care & living expenses, etc.
Good luck!