Questions I can't get answers to :(

[VetsDaughter]

 Hi.

I am nearing the completion of the Form 21-534 for my mom, who has dementia. Several of the items on the form I'm having a hard time completing. Any help would be appreciated.

1. My father had a previous marriage but no one knows the date or place of divorce. I know that information is critical to establishing my mom as the spouse of my dad. If I type in "unknown," will that create problems? My parents were married over 50 years and had four children so I certainly hope the second marriage was legit!

2. I do not have a copy of their marriage certificate. I have the license and on the bottom of it is a section that is called "Return," with the typed in date of their marriage and the minister who officiated. Is that enough to satisfy this requirement?

3. I got a copy of the discharge papers. It does not say where he entered into active service.What should I enter?

4. The only thing it says about "place of separation" is "Given at St. Louis, Missouri on..." Is St. Louis the place of separation?

5. The "Last Grade, Rank, or Rating" is incorrect. I will contact the archivist to correct this (once I collect some proof) but does it matter that it is not right? Should I use what it says on the form or what we know his rank was?

6. I live in California but my mom is in Colorado. Should I file the form there?

7. As she has dementia, will the VA have to establish a fiduciary supervisor for her? What can I do to make sure I am the one selected? I have taken care of her finances for almost ten years now and would like to continue to do so.

Thank you for such a fantastic web site; it has been an immense help to me in filling out the papers. I have actually enjoyed doing all the work as I feel much closer to my dad after doing all of this.

Best regards,

Ann
Pleasanton, CA

[veteranadvocate]

1. My father had a previous marriage but no one knows the date or place of divorce. I know that information is critical to establishing my mom as the spouse of my dad. If I type in "unknown," will that create problems? My parents were married over 50 years and had four children so I certainly hope the second marriage was legit!

Typing in 'unknown' is acceptable.  The reason this information is requested is for the VA to have on record information incase they get more than one applicant filing for benefits as a widow.  Leaving the section blank could cause a delay.

 I do not have a copy of their marriage certificate. I have the license and on the bottom of it is a section that is called "Return," with the typed in date of their marriage and the minister who officiated. Is that enough to satisfy this requirement?

The section confirming that the marriage actually took place is same as a certificate.  Just having a marriage license does not mean the individuals actually got married.  You should have no problem with what you have.


I got a copy of the discharge papers. It does not say where he entered into active service.What should I enter?

Again, just enter 'unknown'.  This form is used for multiple benefits but that info is not needed for the type of benefit that your Mother is applying for.

The only thing it says about "place of separation" is "Given at St. Louis, Missouri on..." Is St. Louis the place of separation?

I recommend inserting either 'unknown' or insert 'see enclosed discharge'.

The "Last Grade, Rank, or Rating" is incorrect. I will contact the archivist to correct this (once I collect some proof) but does it matter that it is not right? Should I use what it says on the form or what we know his rank was?

This has no effect on the benefit.  It use to matter if the widow was claiming service-connected death benefits known as DIC.  The payment use to be based on rank of veteran.  Your Mother is applying for a non-service connected pension.

I live in California but my mom is in Colorado. Should I file the form there?

The application should be sent through the VA Regional Office in the State where your Mother is living.  You can use your address as a mailing address for correspondence.



As she has dementia, will the VA have to establish a fiduciary supervisor for her? What can I do to make sure I am the one selected? I have taken care of her finances for almost ten years now and would like to continue to do so.

Be sure to complete the VA Form 21-22a so that you can serve as her representative.  This will allow you to call and check on her case and submit documents on her behalf.  You can also request to be made fidicuary for her.  The VA will probably notify her that they are proposing a fidicuary and she will have 60 days to file any objections.  If the VA appoints you as the fidicuary, they will go over the reporting requirements etc.

Hope this info will be of help to you.  Thank you for caring enough and taking the time to obtain the benefits that your Father earned for your Mother with his service to our Country.  God Bless You and your Mother.

[VetsDaughter]

Dear Advocate,

Your reply is extremely helpful and means that I will be able to complete the form either today or tomorrow and get it in the mail. I feel every minute counts towards my mom having some additional resources to help her; her financial situation is very precarious so this will make all the difference in the world for her care.

I keep getting goosebumps...thank you for the support you have given in helping me and so many others in this sometimes overwhelming process. Bless you.

Best,

Ann

[Katmandu]

Is there a specific form to request to be made fiduciary for my mother?  I filled out the POA form and sent it in but wasn't aware there was a fiduciary request form.  Thanks to anyone with info on this.

[veteranadvocate]

VA Form 21-592 - Request for Appointment of Fiduciary, Custodian or Guardian

[veteranadvocate]

Ann.

     I am glad to been of help to you and your Mother.  I owe your Father for his service in preserving our freedom and liberty.  Our WWII veterans gave so much with their service.  Please keep us inform of your progress with your Mother's claim.

[Katmandu]

I checked VA website for form 21-592 and can't find it.  I did find form 21-0792 "Fiduciary Statement in Support of Appointment"  Does anyone know if I have to fill out both a "Request to be appointed" and the "Statement in Support"?  Do you have a link to the particular form you refer to?  Thanks again

[veteranadvocate]

My personal recommendation is not to complete the 21-0792 unless it is requested.  That form requires a lot of personal information about the individual that is requesting to be made fiduciary.  With the recent number of data thefts and loss data, I would not want to give the VA any additional information than I had to. 

I will send you a cpy of the VA form 21-592 at your personal email address.