Incompetency Determination

[KarenO]

My mother received notice that she has been awarded $1056 per month but they are withholding payment pending a determination of incompetency because she has been diagnosed with dementia.  From the paperwork I received, I understand if she does not submit any medical evidence to the contrary that she is able to handle her finances they will declare her incompetent and have a fiduciary appointed to handle her benefits.  I currently handle her finances - can my mother request that I be appointed or can I just inform the VA that I currently handle her finances and will continue to handle them.  Thanks for any information. 

[vetadmin]

Karen,

Please read the FAQ's on the HomePage of the site for the best answer to your question.

Here is the link directly to the issue of POA and Fiduciary issues with the VA.

http://veteranaid.org/faq/index.php?action=artikel&cat=3&id=9&artlang=en

[KarenO]

Thank you so much for your quick reply.  After I posted I started reading other messages and found this link.  This is upsetting that this will be delayed even more.  I could just cry - my mother has absolutely no money and we are putting the shortfall after her social security on a credit card. 

[KarenO]

Also the link references VA Form 21-592 - when I search for that form on the VA website it says it doesn't exist.  Any help? 

[vetadmin]

Karen,

The VA never makes anything easy.  you will figure that out as you go through this process.  I know where you are with this as it is my story as well.  You should add the letter that is mentioned in the previous link as to the urgency since she does not have funds to provide for her care.

Go to this link and print it off.

http://www.vetassist.org/forms/21-592%20Request%20to%20be%20appointed%20fiduciary.pdf

[ADFitzgerald]

Thank you so much for that link! I couldn't find 21-592 at the VA site either!

My Dad has Alzheimer's and will require a fiduciary (which will probably be my sister). Should we just include Form 21-592 when we send in Form 21-526?

Thanks
A. D. Fitzgerald

[vetadmin]

You're welcome!

NO - do not send in with the application.  You have to wait for the VA to make a determination and approve the applicant for the award.  When you get notification that "they" find them incompetent to manage their own affairs then you can move forward.

It's a process and you have to do things in a certain order.  To do otherwise would create an even bigger issue.

[ADFitzgerald]

Thanks for preventing us from making an awful blunder!

Would there be any benefit in mentioning in the attached cover letter that we expect them to declare him incompetent? Or will they just figure it out from the physician's form?

BTW, we are not anywhere near submitting the application; we are still gathering the required documentation.

[vetadmin]

Just submit it.  Trust me on this.  You don't want anything to flag the application for anyone to sit it in another pile, box etc.  Just let the process play out and respond as necessary when necessary.

[ADFitzgerald]

Works for me! Thanks for your input.

[KarenO]

Does this process take another couple months??   

[vetadmin]

They are two different processes and each one has its own timeframe and challenges.

Karen, you need to be prepared to devote some time to this.  It is not a fast process.  I know you needed the money last week.  There are many ALF's that will work with the family if they know the resident will qualify and be awarded the pension.  You many need to look into seeing if there is anyone in your area.

[pologal]

Um, ok...you guys have this all wrong....DO NOT SUBMIT THE 21-592.  That is an internal form a veterans service rep (VSR)will complete.  The  VSR will just shrug their shoulders and wonder how the heck a claimant even got the form in the first place.It will just be down filed in the claims file.

This is how it works...

Step 1.  VA receives medical evidence supporting a claim for PT/A&A and by the way the physician states the claimant cannot handle their financial affairs due to their disability.

Step 2. The Rating Board grants PT/A&A and PROPOSES incompetency.

Step 3. The VSR issues a letter. The letter says hey we grant PT/A&A and we propose incompetency. BTW, we arent paying anything yet until we resolve in incompetency issue. This is an award / due process letter.  Once the claimant gets the letter, s/he can sign a statement saying that they agree with the proposal and waive thier due process rights. This is the point where the claimant can then suggest to VA who they want as their fiduciary.  If there are any court documents that declare so-and-so is the claimant's legal guardian that should be submitted. This speeds things up.  Otherwise, the VSR cannot touch the case for at least 65 days from the date the letter was issued.

Step 4. Time limit for due process is up.  The Rating Board reviews the case and issues a Rating declaring the claimant is incompetent for VA purposes.

Step 5.  The VSR recieves the case.  They issue a letter to the claimant basically stating that we found them incompetent for VA purposes and we will find them a fiduciary.  The VSR completes the 592 form and sends a packet of information to the Fiduciary Unit of the state the claimant lives in.  The VSR then sets the suspense date for the case out 45 days to allow time for the Fiduciary unit to send a field examiner out and make a determination.

Step 6.  The field examiner sends a specific VA form (internal document) to the RO/PMC where the claim originated from.   This form is the result of the field exam which certifies a person as the fid for the claimant.

Step 7.  The VSR will now process the form, update the system with the fiduciary's name/address and pay out benefits.

Step 7. The fid gets a check. Process done. 

[KarenO]

I met with a representative from the local VA office who helped with the original application and he did a Statement of Claim (I think that was what it was called) to be signed by my mother which acknowledged she agreed with the decision and waived the time and asked that I be appointed fiduciary.  The VA rep pretty much said what you did about the process.  Thanks. 

[ADFitzgerald]

Regarding incompetency and having the VA appoint a fiduciary: I was just reading this page on the veteranaid.org site:
http://www.veteranaid.org/poa.php

This page implies that the VA now allows the vet to appoint someone as their POA, but it appears that is not the case, based on what I'm reading in this thread...?