Fudiciary

[aidram]

Hi Everyone - I have a couple of questions I was hoping to get feedback on. My father was in the military during the Korean Conflict and died a few years ago. Shortly after his death my mom was diagnosed with Dementia. A couple years ago, her doctor advised us she could no longer live by herself. My family moved in to care for her. August 2010, I applied for Aide & Attendance to help pay for the cost of a care giver since I work full time. She is low income. Will her claim be denied based on the fact that my husband and I work and live with her? Will they take our income into consideration when qualifying her for the claim? The application was filled out at our local Veteran's Office. The VA counselor only indicated her income on the application.

Also, since I am her primary caregiver, will there be any problems with me being appointed her fudiciary if I filed for bankruptcy. My husband lost his job a couple of years ago and was out of a job for 9 months. We had no other option but to file for bk.
Thanks in advance for your comments!!!

[vetadmin]

The application is based on your mom's income and what she pays out in medical expenses and care services.

The bankruptcy does indeed make you ineligible to be appointed as her fiduciary.  You may want to look for another family member who could act in this capactiy.  Sorry.

[aidram]

Thanks so much for your response. What happens if there is no one else in the family to be appointed. I have three other siblings who have nothing to do with myself or my mom.

[aidram]

Who else can qualify to be a fudiciary?

[vetadmin]

You can request anyone that is a trusted family friend be appointed once the VA makes the ruling of incompetency, but don't do anything before the determination is made.

If there is no one you would trust, then the VA will appoint a VA Fiduciary to oversee her finances.