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Question: does my mother need to have power of attorney?
maralina1 - 0 (0%)
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maralina1
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« on: April 19, 2011, 05:55:35 PM »

my mother is filing for aid and attendance for my dad. he has alzheimer's. does she need to have power of attorney in order to file for him? i thought maybe because she is his spouse,she does not.
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vetadmin
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« Reply #1 on: April 19, 2011, 06:09:27 PM »

No, she does not need POA, and the VA does not recognize POA or DPOA. 

What she needs to do is to include a 21-0845 making her an Approved 3rd Party for the VA to discuss the application/claim with.
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maralina1
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« Reply #2 on: April 19, 2011, 09:49:03 PM »

I am confused. Does she also need to send form 21-22a, Appointment of Individual as Claimants Representitive?
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vetadmin
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« Reply #3 on: April 19, 2011, 09:52:50 PM »

No.  Just the 21-0845.

The 21-22a is not being used in the same capacity with the VA as it once served.
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maralina1
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« Reply #4 on: April 19, 2011, 10:05:25 PM »

Thanks for your help. It is much appreciated. Im sure I'll have more questions before this process is through. This forum and website has been wonderful!
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vetadmin
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« Reply #5 on: April 19, 2011, 10:20:55 PM »

You're welcome.

Use the search feature to find postings on any topic you have a question on.  Also reference the FAQ section on the main website.

Everything that you need is here, just have to take the time to search and read through.
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maralina1
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« Reply #6 on: April 23, 2011, 12:18:53 PM »

Will my mother automatically be appointed fiduciary? She manages all their financial affairs.
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vetadmin
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« Reply #7 on: April 23, 2011, 11:14:08 PM »

There is no automatic assignment with the Fiduciary.  She will need to wait until a decision is made on the application to see if the VA rules him incompetent. 

If/when that happens, she will need to fill out the paperwork asking to be appointed.
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VSR
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« Reply #8 on: April 27, 2011, 08:06:31 PM »

Pretty much, the physician's answer to question #27 on the 21-2680 determines if a fiduciary is needed.
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