When you’re exploring assisted living options for a veteran, facilities often recommend someone to help with VA benefits applications. Board-certified elder law attorney Kellen Bryant warns that families should be cautious about automatically accepting these recommendations and explains what you should know before working with facility-referred VA benefits advisors.
Understanding Who These People Really Are
They’re Not VA Employees
Most of the time, the person recommended by assisted living facilities has important characteristics you should understand:
- Not a Veterans Administration employee: They don’t work for the VA
- Not VA-affiliated: They have no official association with the Veterans Administration
- May not be attorneys: They often lack legal credentials
- May not be city VA-affiliated: They don’t work for local Veterans Affairs offices
This distinction is crucial because it affects both their expertise and their motivations for helping you.
The Critical Question About Their Business Model
How Do They Make a Living?
Attorney Bryant emphasizes a key question families should ask: “If you’re only charging me a couple hundred dollars and doing all this work, how are you making a living doing this?”
This question reveals an important reality about the business model of many facility-referred VA benefits advisors.
The Hidden Motive: Annuity Sales
In most cases, these advisors have an ulterior motive that they don’t always disclose upfront:
- Primary income source: Selling annuities on a commission basis
- VA benefits as a sales tool: They use benefits help as a way to establish client relationships
- Commission focus: Their main financial incentive comes from selling financial products, not from VA benefits assistance
While they generally do want to help with VA benefits claims, their need to make a living often creates conflicts of interest.
The Annuity Misconception
What You’re Often Not Told
Many people are led to believe they must purchase an annuity to qualify for VA benefits. This is a significant misconception because:
- Annuities aren’t required: You don’t have to buy an annuity to qualify for VA benefits
- Multiple options exist: Annuities are just one of many possible strategies
- Other benefits available: There may be better ways to protect assets, defer taxes, or achieve other financial goals
The problem arises when advisors present annuities as the only solution when other approaches might better serve your family’s interests.
Better Alternatives for VA Benefits Help
Free City Services
Depending on your asset situation, you may be able to use city Veterans Affairs services for free. These services provide:
- Unbiased assistance with VA benefits applications
- No sales pressure or hidden agendas
- Professional Veterans Service Officers
- Complete focus on maximizing your benefits
Elder Law Attorney Assistance
Working with a VA-accredited elder law attorney offers several advantages:
- Legal expertise: Understanding of both VA benefits and elder law
- Comprehensive planning: Integration of VA benefits with overall financial planning
- Asset protection focus: Strategies to protect your money while qualifying for benefits
- No product sales: Advice based on your best interests, not commission opportunities
- Professional credentials: Licensed attorneys with specific VA accreditation
Questions to Ask Before Working with Facility Referrals
If you’re considering working with someone recommended by an assisted living facility, ask these important questions:
Credentials and Affiliations
- Are you a licensed attorney?
- Are you VA-accredited?
- Do you work for the Veterans Administration?
- What are your professional qualifications?
Business Model and Compensation
- How do you make money providing this service?
- Do you sell financial products like annuities?
- Do you receive commissions from product sales?
- What are all the costs associated with your services?
Service Approach
- What options do I have besides purchasing products?
- Can you help me explore all available strategies?
- Will you provide written information about all my options?
- Can you refer me to other professionals for comparison?
Red Flags to Watch For
Be cautious if the person:
- Immediately suggests purchasing an annuity as the only solution
- Pressures you to make quick decisions
- Can’t clearly explain how they’re compensated
- Discourages you from seeking other opinions
- Makes unrealistic promises about VA benefits
- Lacks proper credentials or VA accreditation
Making the Right Choice
The answer to whether you should work with facility-referred VA benefits advisors is clear: no, you don’t have to. You have choices in the marketplace that may better serve your interests.
Look for professionals who:
- Have proper credentials and VA accreditation
- Focus on your benefits eligibility without sales pressure
- Offer comprehensive planning rather than single-product solutions
- Are transparent about their compensation structure
- Encourage you to explore all available options
Get Unbiased VA Benefits Help
Whether you choose free city services or work with a VA-accredited elder law attorney, make sure you’re getting advice focused on maximizing your benefits rather than maximizing someone else’s commissions. Your veteran’s service deserves benefits assistance that puts your family’s interests first.
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Author Bio
Kellen Bryant, Esq.
Founder
Florida Bar Board Certified Elder Law Attorney, Kellen Bryant focuses his law practice on advising and helping caregivers with a particular focus on asset protection and preservation from long-term care costs, creditors, and predators. Kellen Bryant is AV Preeminent® Rated, meaning his attorney peers rated him at the highest level of professional excellence. Kellen Bryant was nominated and selected as a Super Lawyer, Rising Star: 2022.
