Dazed and Confused!

Discussion in 'Share Your Personal Experience' started by concerneddaughter, Jun 21, 2012.

  1. My dad was awarded compensation on April 4th for heart problems related to his service in Vietman. Back pay from 2010 was deposited into his account. My dad had also requested compenstion for other ailments he has. So we had another C & P exam.
    This week I recieved a letter proposing incompetency. What affect does that have on money already paid and awarded to him. I would like to be named the fiduciary. I have been taking care of my father for
    3+ years. He lives with me. I bathe, clothe, feed, administer his meds, check vitals several times per day and work full time. He stays at home while I work, however I have friends and family members that check on him through out the day. I also call him several times a day. Not sure how to proceed. The VSO advised me to fill out a 21-4138 and ask to be fiduciary. And to have my dad sign a statement requesting that I be the fiduciary. How do I word it??? How long does this process take? What do I need to get together?
     
  2. vetadmin

    vetadmin Administrator Staff Member

    Simply write a statement that is in your Dad's words asking that you (his daughter) be appointed as his fiduciary, and have him sign it. 21-4138 Statement in Support of Claim.

    Since he already got his back pay, this will only affect things going forward. You will have to meet with a Field Agent who will speak with both you and your Dad as part of the process. These appointments can take months to be scheduled. There are not enough Field Reps to go around, and many of them cover a very large area.
     
  3. I saw a statement that you wrote on another post and now cannot find it of how to request to be the fiduciary. What kinds of things do the interviewers look for? I have good credit but high debt. Could that
    be a factor? I
     
  4. Also, will it go into the same account? Or will I need to open a different account since his back pay and
    social security check go into a joint account with me?
     
  5. vetadmin

    vetadmin Administrator Staff Member

    Generally once the process is done, they will require you to set up a different account.
     
  6. Thank you!!! What you are doing is amazing!
     
  7. vetadmin

    vetadmin Administrator Staff Member

    You are welcome, and "thank-you"!
     
  8. I saw a statement that you wrote to another subscriber last week for the daughter to write requesting to be the fidiciary. It stated that her nor her parent had any objection to this and so on.... Can you repeat that to me?
     
  9. vetadmin

    vetadmin Administrator Staff Member

    Here you go:

    Once you receive notification from the VA that they find it necessary for a fiduciary to be appointed you should submit Form 21-4138 and include the following statement:


    Please be advised that (parent's name) and I have no issue with the VA finding of incompetence and wish to proceed with the appointment of a fiduciary. We wish to appoint myself (her/his insert your relationship to the veteran) as fiduciary. I understand that I must be interviewed prior to that appointment and would appreciate such an interview be scheduled as soon as possible.
     

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