Incompetency Determination

[vetadmin]

This link goes to the 21-22a form, which now allows the claimant to appoint a "Representative" of their choosing rather than a Service organization being appointed.

  This ruling at least opened the door for the family member or whoever the claimant opted to select as their representative, to be able to speak with the VA regarding the claim, and in the event a fiduciary has to be appointed you are one step ahead in the process asking to be appointed as such.  It's an improvement over not having the ability to appoint your own representative.

Sorry for the confusion.

[Joycet]

The veteran or surviving spouse who has applied and been determined to be incompetent may request in writing that a specific person (current POA, son, daughter, etc.) be appointed as fiduciary.  I do not know the form#, but it is the one that comes with the determination letter.  It takes some time (May - August for us) but the VA field rep will than meet with  and probably appoint the requested person as legal custodian. 

[Fit2009]

Its a mattter of timing - once they propose incompetency, than they work with you to appoint a fiduciary/POA - before that its ... hmmm, a waste of paper that seems to delay the process.