POLICY STATEMENT.
The Division of Veterans Healthcare Services (DVHS) shall advocate on behalf of all applicants and residing veteran home residents by pursuing a program to assist eligible family members or designated others who seek to be appointed Guardian of that resident.
PURPOSE.
To establish a program to assist, with financial and technical assistance, an “eligible” family member or a friend of a veteran, applicant, or residing veteran home resident who seeks to be appointed Guardian of that veteran.
ELIGIBILITY.
A. A veteran resident in one of the New Jersey Veterans Memorial Homes (VMH) who meets the financial eligibility for this program.
B. A veteran approved for admission into one of the New Jersey Veterans Memorial Homes who meets the financial eligibility for this program.
FINANCIAL ELIGIBILITY.
A. Monthly income cannot exceed the current established rate for a single person or for a married couple.
B. Assets cannot exceed the current established rate for a single person or for a married couple.
DEFINITIONS.
ALLOWABLE DEDUCTIONS - means those approved items which will be subtracted from the gross income when calculating the care and maintenance fee.
DISCHARGE - is when one no longer resides within one of the New Jersey Veterans Memorial Homes and relinquishes their rights to return; or when a resident expires. Discharge means the permanent removal from a New Jersey Veterans Memorial Home.
FINANCIAL STATUS REPORT - means an evaluation of the financial circumstances of the person requiring guardianship to determine their eligibility for financial assistance.
GUARDIAN - means a person who has been entrusted as the legal representative of one who has been adjudicated incompetent by a court of law and requires a legal representative to act on their behalf for all matters.
INCOME - means all revenue received by a resident/applicant for a given period. This includes funds received for labor or services, social security, pensions, aid and attendance, net rental of property, and/or the proceeds of business or enterprises and investments not to include losses.
PROCEDURE.
A. New Jersey Veterans Memorial Homes
1. The New Jersey Veterans Memorial Homes will assist an “eligible” family member or a friend of a veteran applicant or residing veteran home resident, who seeks to be appointed Guardian of that veteran, with financial and technical assistance.
B. Department of Social Services
1. Review information about the applicant to determine their need for Guardianship. Social Services will contact concerned others to discuss Guardianship.
2. The Inter-Disciplinary Team care planning process will identify residents who are incapable of making financial and health care decisions. Social Services will contact concerned others to discuss Guardianship.
3. If concerned others are interested in assuming Guardianship, then Social Services will advise them of the Guardianship Appropriation Program and eligibility requirement.
4. Have a financial status report completed.
a. Complete Part 12, Financial Information, and Part 14, Financial Release Request of the Admission Application.
5. Submit the completed financial status report to the Patient Account Manager.
6. Provide technical assistance, as necessary.
C. Patient Account Manager and/or Business Office
1. Review financial status report to determine eligibility. If eligible:
a. Contact Fiscal Division to determine availability of funds. If funds are available:
(1) Have Guardian submit actual documentation for lawyer and court fees for the Guardianship process.
(2) Develop contract for repayment.
(3) The actual cost of these legal fees up to a maximum of $2,400 will then be deducted as an allowable deduction from the Care and Maintenance Fee to repay the advanced funding from the General Fund of the New Jersey Department of Military and Veterans Affairs. This deduction will be divided into 24 monthly installments.
(4) The Guardian will enter into contract with the facility before any funds are released
(5) Send a copy of the signed contract to the Fiscal Division.
2. Payment Responsibility:
a. The actual cost of the legal fees, up to a maximum of $2,400, may be advanced to an eligible person from the Guardianship Appropriation Fund as long as funds are available.
b. The actual cost of legal fees up to a maximum of $2,400 will be an allowable deduction from the Care and Maintenance Fee. This advanced funding will be returned to the General Fund of the New Jersey Department of Military and Veterans Affairs. The repayment schedule will be for 24 months.
c. At the time of discharge, the balance of monies due is to be paid in full to the General Fund of the New Jersey Department of Military and Veterans Affairs.
D. Fiscal Division Responsibility
1. Once a copy of the signed contract is received, a check will be issued to the Guardian in care of the New Jersey Veterans Memorial Home.
January 1994
Revised: November 1996
Revised: March 2004
Revised: July 2007