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Dependent Parent

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Rich T

Question

My father-in-Law just passed away, Jan 22. We drove to PA and just got back home in FL last week. My wife and I have been paying my Mother-in-Law's HMO (BC/BS) for several years. He was NSC, and leaves practically nothing for her to life on. She is 74 and will move up to his SS payments, I think about $600/mo. My question is; can she be my dependent parent and not live with us? We will continue the $96/mo HMO and meds co-payments, as well as some additional (such as winter oil, etc). If she were my dependent, ChampVA would sure help out a lot. She could revert to Medicare straight out and get meds by mail. What are the possibilities?

PS

I quess not...Just read

§3.59 Parent.

(a) The term “parent” means a natural mother or father (including the mother of an illegitimate child or the father of an illegitimate child if the usual family relationship existed), mother or father through adoption, or a person who for a period of not less than 1 year stood in the relationship of a parent to a veteran at any time before his or her entry into active service.

(:lol: Foster relationship must have begun prior to the veteran’s 21st birthday. Not more than one father and one mother, as defined, will be recognized in any case. If two persons stood in the relationship of father or mother for 1 year or more, the person who last stood in such relationship before the veteran’s last entry into active service will be recognized as the “parent.” (Authority: 38 U.S.C. 101(5))

[26 FR 1568, Feb. 24, 1961, as amended at 44 FR 45935, Aug. 6, 1979]

Edited by Rich T

IC/1 Navy, 100% Schedular + SMC, Shellback, Blue Nose, Crossed International Dateline and Prime Meridian.

II Corinthians 5:17 "Therefore if any man be in Christ, he is a new creature: old things are passed away; behold, all things are become new."

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  • HadIt.com Elder

Rich,

My condolences to you and your wife.

Sounds like you could claim your mother-in-law if she stood in as your "parent" prior to active duty.

I'm sure your support of her thus far has been very helpful and kind. I would be proud to have such a son-in-law. God Bless you and yours. Adora

USAF 1980-1986, 70% SC PTSD, 100% TDIU (P&T)

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  • HadIt.com Elder

Sorry for your loss. I think that if she needs your support of over 50% than it should work. You might ask the VA as sometimes they can be helpful.

Veterans deserve real choice for their health care.

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Jim, I am sorry for the loss of yours and your mother. I agree with Pete it sounds like you could add her as a dependent, but you should speak to a VA counselor to know for sure. Take care

Pearl

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