The fiduciary issue

[Catie]

From my reading on the site and forum, it sounds like there is nothing a person can do to streamline getting VA to appoint a fiduciary. I wish there was! It also sounds like this issue will almost inevitably add time to the approval process.

I'm just posting this question to be sure I understand correctly. There is nothing I can do up front when applying for VA for my MIL, who suffers from dementia and is incapable of handling her own affairs any longer. There is no form to complete, no comment or request I should make at the outset. Right? I am to just complete the application and all pertinent documents and wait on them, probably for months, to get to the point where they advise me of their decision that she will need a fiduciary.

[vetadmin]

The ruling on her will be based off the doctor's evaluation form which has to be included with your application packet.

The VA recently made a change that they no longer withhold the pension (if awarded) pending appt of a fiduciary.  If they find her to be incompetent, they will note that in the award letter.  At that time you will do a 21-22a along with a letter asking to be appointed.  That process can take months just to get an appt with a Field Rep, but the good news is that if she is awarded you will have the funds to pay for care. 

Your biggest obstacle is getting through the application process and getting the award and not the fiduciary peice at this time.

[VSR]

Actually, there is something that can save a bunch of time.  If you are appointed her guardian by the court for a medical reason, then they can skip the proposed incompetency step.  That can save you anywhere from two weeks to 4 months.  If you go this route, be sure to submit copies of the court papers showing you are her guardian along with the medical evidence the judge used to make that decision.

To be sure, power of attorney in any form will not substitute for what I just wrote.

[Catie]

Thanks for your replies.

Hmm. Knowing how much we're already paying the elder law atty., I'm not sure I want to tackle the guardianship at the moment. Will keep that in mind. It helps, knowing the funds won't actually be held up over needing a fiduciary.

[AngelaManz]

You can also make sure that you let the VA know that you are not contesting the incompetency determination.  I typically make sure they know we aren't contesting the proposed finding of incompetency and also strictly adhere to all deadline dates for submitting infomation. 

[AngelaManz]

Thanks for your replies.

Hmm. Knowing how much we're already paying the elder law atty., I'm not sure I want to tackle the guardianship at the moment. Will keep that in mind. It helps, knowing the funds won't actually be held up over needing a fiduciary.

I would never advise my clients to go through the hassle and expense of a guardianship unless absolutely necessary.  There are court fees involved up front and on an ongoing basis, as well as a lot of paperwork.  It also typically takes quite a bit of time in many jurisdications.  It generally isn't worth doing just to try to speed up the VA process.

[VSR]

Sorry, should have been a bit more clear. I meant if you're already the legal guardian, turn in all of those docs to save the step. Obviously setting up a guardianship just for VA would be a huge waste of time and money.