Military and veteran-specific legal considerations

This article is for educational purposes only and does not constitute medical, legal, or financial advice. Every family situation is different, and you should consult with appropriate professionals about your specific circumstances.

Your father is a Vietnam veteran. He's now in his seventies with declining health. You've been working on his estate planning, getting documents in place for if something happens to him. But you realize there are military-specific issues you haven't considered. He has a military pension. He might be eligible for VA benefits. His discharge papers affect what benefits he qualifies for. He might have military burial benefits. The legal planning for a veteran is more complex than the legal planning for someone without military service.

Many families dealing with aging parents who are veterans don't realize how much military-specific legal and financial issues affect planning. Powers of attorney and healthcare directives still matter. Wills and trusts still matter. But there are additional considerations specific to military service that can significantly affect your parent's care and your parent's finances. Understanding what those additional considerations are helps you make better decisions for your parent's care and your parent's future.

Understanding the Basics

Military service creates specific legal rights and responsibilities. A veteran has eligibility for certain VA benefits. A veteran might have a military pension. A veteran has certain burial rights. A veteran might have specific healthcare coverage through VA or through military retiree systems. These are legal entitlements that come from military service.

A veteran's discharge status affects what benefits they're eligible for. An honorable discharge allows access to most VA benefits. A general discharge might limit some benefits. A dishonorable discharge or other than honorable discharge typically prevents access to VA benefits. Knowing your parent's discharge status matters because it affects what benefits they qualify for.

If your parent receives a military pension, that pension is an ongoing payment that could be affected by legal decisions. If your parent receives a military pension and is married, the spouse might have legal claims on the pension. If your parent makes certain legal decisions, like establishing a power of attorney with the wrong person, the pension could be at risk. Understanding military pension law is important for planning.

VA benefits include healthcare benefits for veterans with service-connected disabilities. They might also include disability compensation if your parent has a service-connected disability. They might include survivor's benefits if your parent dies. Understanding what your parent is eligible for and making sure those benefits are protected is important.

A veteran might have military burial benefits. VA cemeteries allow eligible veterans to be buried for free. National Guard members might have specific state benefits. Understanding what burial benefits your parent qualifies for affects planning around end-of-life arrangements.

Some veterans have coverage through TRICARE, which is the military healthcare system for military families and retirees. TRICARE involves specific rules about healthcare decisions and coverage. If your parent is covered by TRICARE, those rules matter.

Military law is a specialized area. Not all attorneys understand military-specific legal issues. Not all estate planning attorneys understand how military benefits work. If you're planning for a veteran, it helps to work with an attorney who understands military legal issues or to make sure any attorney you work with consults with someone who does.

Your Parent's Specific Situation

Start by getting your parent's military discharge papers. These documents, called DD Form 214, show your parent's discharge status, service dates, and details about service. You'll need this information to verify what VA benefits your parent might be eligible for.

Understand what VA benefits your parent currently receives or might be eligible for. Does your parent receive disability compensation? Does your parent receive healthcare through the VA? Is your parent eligible for benefits they haven't yet applied for? You can contact the VA to find out what benefits your parent qualifies for.

If your parent receives a military pension, understand the structure of that pension. Is it a straight pension that goes away when your parent dies? Is there a survivor's benefit option where your parent can choose to receive a smaller pension but leave a benefit to the surviving spouse? These decisions have significant financial consequences and should be understood as part of your planning.

Understand your parent's healthcare coverage. If your parent is covered by VA healthcare, that's a significant resource. If your parent is covered by TRICARE, that's another system with specific rules. If your parent is covered by Medicare, that's different again. The healthcare coverage your parent has affects what healthcare options are available and who you'd be working with for healthcare decisions.

Understand your parent's burial wishes and burial benefits. Does your parent want to be buried in a VA cemetery? Is your parent eligible? Would your parent want military honors at burial? These decisions affect end-of-life planning. Document your parent's preferences about burial before they lose the ability to express those preferences.

Think about whether your parent has any legal obligations from military service. Some military personnel retire with ongoing obligations. Some might have specific benefits that come with conditions. Understanding what your parent's military status entails helps with planning.

If your parent is married and receives military benefits, understand how those benefits might be affected by the surviving spouse. Military pension law is complex on spousal entitlements. If your parent is considering estate planning documents, understanding how military benefits would be handled is important.

Taking Next Steps

Get a copy of your parent's DD Form 214. You can request this from the Department of Defense. This document will show your parent's discharge status and military service details.

Contact the VA to verify what benefits your parent is eligible for. You can go to VA.gov or contact a local VA office. You can also work with a VA-accredited claims agent or VA disability attorney to help work through benefits.

If your parent receives a military pension, contact the military branch that issued the pension to understand the pension structure and any survivor benefit options. Make sure you understand what your parent chose for survivor benefits and what that means.

Understand your parent's healthcare coverage. If your parent is eligible for VA healthcare, understand how to access it. If your parent is covered by TRICARE, understand the rules and options.

When working with an attorney on legal documents, make sure the attorney understands military benefits and how legal decisions might affect those benefits. You might need to work with an attorney who specializes in military law, or you might need your regular attorney to consult with someone who does.

Document your parent's military service history and status. Keep copies of DD Form 214. Keep information about military benefits, pension, and healthcare coverage. This information will matter both while your parent is living and after your parent dies.

Plan for military burial if that's what your parent wants. Make sure family members know your parent's burial preferences. Make sure documents specify where your parent wants to be buried and whether your parent wants military honors.

Understand what survivor benefits your parent's family would receive if something happens to your parent. Military survivor benefits can be significant. Understanding what the surviving spouse or family members would receive helps with overall planning.

If your parent's military service included exposure to hazardous materials or conditions that might later cause health issues, document that. Some veterans are eligible for specific VA benefits based on exposure to Agent Orange or other hazardous conditions. Having documentation of service during times or locations where exposure might have occurred helps with VA benefits claims.

This is one of those areas where the specifics of your parent's situation matter. A veteran whose service ended decades ago in peacetime and whose discharge was decades ago might have different considerations than a veteran who served more recently or in a combat zone. The legal planning needs to account for your parent's specific military service and specific situation. Working with professionals who understand military law helps make sure you're addressing all the relevant issues.

How To Help Your Elders is an educational resource. We do not provide medical, legal, or financial advice. The information in this article is general in nature and may not apply to your specific situation. If you are concerned about a loved one's cognitive health or safety, consult with their healthcare provider or contact your local Area Agency on Aging for guidance and support.