Incompetency Process

[westmarvin]

My Mom and Dad (vet) are on the verge of qualifying for A&A (they just have $80,000 in cash assets).  Dad has a diagnosis of mental incapacity and, in anticipation of making the A&A application, we would like to get the fiduciary stuff out of the way.  Since he has the diagnosis, is it still necessary to go through a VA competency evaluation or can we go ahead and request that Mom be appointed his fiduciary?  Or do we have to submit the A&A application before anything else can be done?

[vetadmin]

NO. 

You need to go through the application process, and let the VA make this incompetent ruling.  At that time your mom can ask to be appointed as his Fiduciary.  You do not want to address this issue on initial applicaiton.  Be sure to include 21-0845 so your mom can speak with the VA about the claim.

[vetadmin]

You're welcome.