Determination of competency

[Gerri]

I am helping my mom apply for the A&A benefits.  While she still has too much cash, according to the most recent letter from the Minnesota office (a little over $80,000 at age 92 1/2), at this time, they have determined that she qualifies medically, for which I am pleased.  I will keep applying as her funds are depleted, paying for her live-in caregivers.  However, the latest response, dated July 28, indicates that the next time we apply, the VA Pension Office will require a "determination of competency".  I just tried to call the 800 number included in the package and could not get through.  Will try again, but was wondering what such a requirement will entail.  Mom is definitely unable to handle her own financial matters, due to blindness, deafness, inability to get around on her own, and is starting to show increasing signs of dementia/cognitive impairment.  Her physician noted this on the medical review he completed for us, which, I believe prompted the competency question.  Any idea of what the VA will require to verify her impairment?  Do they request examinations by physicians, psychiatrists or some other specialist, or will I be required to obtain conservatorship over her from the state i which we live?  Any guidance in this next step is much appreciated.  This forum has provided me a lot of valuable information and help in the past and it's made this process so much more easy to navigate.  Thanks for any information or directions.   

[vetadmin]

The notation of dementia will be an automatic "incompetency" rating.  If approved, the VA would start the pension, but for the months preceeding, she will have to wait on the funds until a Fiduciary is appointed. 

The VA does not recognize POA.  When they make the ruling, you can apply to be appointed as the Fiduciary.  Keep in mind this requires a Field Agent to meet with her and you, and it can be months before an agent arranges to get with you.

Due to her advanced age, you can and need to ask for expedited processing on her claim should her finances change making her financially eligible.

[Gerri]

Thanks for the information.  So, what I think you're saying is that when we re-apply when she has less $$, they will tell me what forms and verifications I will need, at that time?  I looked on the VA.org site, under forms, but could not find anything granting fiduciary responsibility.  I called many times to the 800 number on the response letter and never got through to a human - just went in the circle and ended up being told to call another time.  It's frustrating to be able to find out what I should have ready when we do re-apply.  You mentioned fast-tracking responses because of her age.  Is that a letter or is there a form.  Any additional guidance is appreciated.

[vetadmin]

When the time comes to reapply, if it is less than a year from the original date of application, you simply need to do a VA form 21-4138 Statement in Support of Claim providing updated info for them to reconsider.

You don't need to find the Fiduciary form.  When the VA makes that ruling, they will include the form in the letter.

It is not really as you said "fast tracking" responses.  You need to request that due to her advanced age, her application be given priority in processing when she spends down and qualifies from a financial standpoint.