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HomeMilitary and Veterans CodeDiv. 5Ch. 1§ 1012 Veteran Home Eligibility Rules

§ 1012 Veteran Home Eligibility Rules

Military and Veterans Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1012 Veteran Home Eligibility Rules

This law decides who can live in state homes for veterans and their spouses, and sets the order of who gets a spot first.

Key Takeaways

  • •Only veterans who left the military honorably, have VA health benefits, and live in the state can apply.
  • •Spouses or domestic partners can apply too, but they must live in the state and meet residency or special‑status rules.
  • •Priority goes first to Medal of Honor recipients and former POWs, then to veterans with 70%+ service‑connected disability, then to veterans who meet any needs‑based criteria the secretary sets.
  • •Spouses can stay in the home after the veteran dies if they keep paying the fees.
  • •The home’s property must be used only for this veteran‑housing purpose.

Example

A veteran who earned the Medal of Honor and his wife want to move into a state veterans’ home.

Because the veteran has the Medal of Honor, the law says he gets top priority for a spot, and his wife can live there too as long as they both live there together.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1012 Veteran Home Eligibility Rules

(a) Except as provided in Sections 1012.4, 1023, and 1023.1, the homes are for aged or disabled persons who served in the Armed Forces of the United States of America who were discharged or released from active duty under conditions other than dishonorable, who are eligible for health care benefits, hospitalization, or domiciliary care in a veterans’ facility in accordance with the rules and regulations of the United States Department of Veterans Affairs, and who are bona fide residents of this state at the time of application; and for the spouses or domestic partners of these persons if all of the following conditions, as are applicable, are satisfied: (1) Space is available. (2) The veteran and the spouse or domestic partner will maintain joint residency in accordance with rules established by the department. (3) The spouse or domestic partner is a bona fide resident of this state at the time of application for admission to the home and either is married to, and has resided with, the veteran applicant for at least one year, or is the surviving spouse or domestic partner of a recipient of the Medal of Honor or a former prisoner of war (POW). (b) (1) Veterans who qualify for benefits under this chapter who are recipients of the Medal of Honor or who were POWs shall be given priority over all other qualified veterans. (2) Veterans who qualify for benefits under this chapter who have been rated by the United States Department of Veterans Affairs as being 70 percent or greater service-connected disabled may be given priority over other veterans who do not qualify for prioritization under paragraph (1). (3) The secretary may establish needs-based criteria for admission to the homes, and any veteran meeting those criteria may be given priority over veterans who do not qualify for prioritization under paragraph (1) or (2) and can afford to provide for their own care elsewhere. (4) Paragraphs (2) and (3) shall not apply to veterans who, as of January 1, 2018, are on a wait list awaiting admission to a home. (5) Veterans who qualify for benefits under this chapter due to service during a time of war may be given priority over veterans who qualify due to service during a time of peace. (c) A member spouse or domestic partner may continue residency after the veteran’s death so long as they continue to pay all applicable fees. (d) The property of the home shall be used for this purpose. (Amended by Stats. 2024, Ch. 140, Sec. 2. (SB 1529) Effective January 1, 2025.)

Last verified: January 11, 2026

Key Terms

aged or disabled personsdischarged or released from active duty under conditions other than dishonorablebona fide residentsMedal of HonorPOWs70 percent or greater service-connected disabled

Related Statutes

  • § 1030.2 Disabled Veterans Vocational Training
  • § 100 Federal Law Conformity
  • § 101 Military Governance Adoption Rules
  • § 1010 Veterans Home System Locations
  • § 1011 Veterans Home Administrators

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Military and Veterans Code. Section 1012.
View Official Source