Discussion in 'General Discussion' started by JohnLM326, Nov 30, 2011.

  1. JohnLM326

    JohnLM326 Newbie

    Hello Everyone,
    A quick question: My husband and I are caregivers for my father-n-law and has been for OVER 4 years along with assistance from others we pay to help assist my father-n-law. I am the primary person to make sure his needs are met and my father-n-law and husband has know objection to me being appointed the fiduciary.

    The same as another post I read, as well my father-n-law was found by VA as incompetence.

    We are fine with the VA decision and responded to them that we have no issue with the VA finding of incompetence and wish to proceed with the appointment of a fiduciary.

    We responded to VA form #21-4138 and on that same form requested that I be appointed as fiduciary with the understanding that I must be interviewed prior to that appointment and would appreciate such an interview be scheduled as soon as possible.

    What type of questions will I be asked or my father-n-law will be asked in the interview. We are honest people but it would be nice to know what to expect.

    Also, how do I find out what his rating was for A&A because it was not stated in the letter that VA sent.

    I responded on VA Form #21-4138 regarding being fine with the incompentence rating and requested to be the fiduciaruy. Do I make a request in a separate letter to be fiduciary for my father-n-law?

    Also, I just found this website by googling 2 weeks ago. I wish I knew over a year ago about this site too. However, I am glad that I found it and is very thankful.

    I will also send donations and support this site. God Bless the owner and Administrators for this site.
    Thank you and I look forward to a response.
  2. vetadmin

    vetadmin Administrator Staff Member

    Well we are glad that you found us now, and we thank you for your kind words and considerations for supporting our efforts.

    The type of questions are pretty basic. The person who has asked to be appointed as Fiduciary cannot have filed bankruptcy or have a felony conviction. It is more an interview to determine that you are a proper person to be appointed in this capactiy.

    They need to explain the process and the expectations of you assuming this role.

    Please see this thread here on the forums that will offer a little more insights for you.,968.0.html
  3. JohnLM326

    JohnLM326 Newbie

    Thank you for responding so quickly. I just found out that he will start receiving $379 a month beginning in Jan 2012. The $379 is a blessing but he is going to need more assistance. His total income before the $379 is approximately 1,300 a month. He is in his 80's with prostate cancer, incontinence and just had a mass removed on this week-not sure if it is cancer and several surgeries for obstruct bowels.

    Is there a limit to how much he can receive from va or is there something else I need to do to get more assistance for him. My husband and I have had to pay money out of our pockets because we want him to get the best care. How should I proceed?
  4. vetadmin

    vetadmin Administrator Staff Member

    It comes down to allowable medical expenses. If his care expenses increase, then you need to inform the VA with a VA form 21-4138 Statment in Support of Claim updating the VA with what his new expenses are and based on that they would increase the amount of his award. He is eligible up to $1704, but again, it is attached to medical expenses.
  5. JohnLM326

    JohnLM326 Newbie

    what is considered as medical expenses? Please help!
  6. vetadmin

    vetadmin Administrator Staff Member

  7. JohnLM326

    JohnLM326 Newbie

    Thank you.
  8. Alf

    Alf Newbie

    My mother received the letter about being declared incompetent, which I discovered (by sheer luck a bout a month later) in her room at the Personal Care Home. This web site explanation of how to respond in order to be interviewed as fiduciary is clear, but leaves me with two questions:
    1. My mother has memory and other cognitive problems, but... she doesn't know what she doesn't know. In other words she generally lacks insight into her condition, and sometimes is very insistent that she could be handling her affairs if only she were back in her home and doing so on a regular basis. Will the VA want to interview her directly and have her agree that she is incompetent? I would hate to put her in that position, which would frighten and humiliate her. Also, she as long as she can still speak she will never say she is incompetent and, depending on the sensitivity and savvy of the interviewer, they might even decide she was OK. She doesn't need to manage anything at the home, and on a good day she can sound sort of OK.
    2. A couple of years before she moved out of her home we helped my mother to set up a bill paying service at her bank. They have been wonderful, and for now the VA is sending checks (but not the accrued benefits) to that bill paying trust. If they name me as fiduciary will the checks have to come to me? Can the bank be the VA fiduciary? Or still have the checks sent there but let me handle the other paper work?
  9. vetadmin

    vetadmin Administrator Staff Member

    The Field Agent should be non-aggressive with your Mom. The person they really have the questions for is the person asking to be appointed as the Fiduciary. Their concerns are that this person understands the responsibility attached with the position, and that you have the applicant's best interest at heart.

    You do not want to push back on the ruling as you will add 2 years in an appeal, and depending on what information was on the Dr's evaluation, there had to be something indicating she has some issues. You are better off accepting the ruling and letting the process go forward.

    The VA will require you to open up a different account.
  10. Debf

    Debf Newbie

    The whole fudiciary thing is concerning me. My boyfriends mother wants him to be appointed fudiciary and not his other brother who she does not feel comfortable with. We take care of her and they rarely see her. THe problem is my boyfriend filed for bankruptcy about 12 years ago. It is discharged now though. Will they still accept him??

  11. vetadmin

    vetadmin Administrator Staff Member

    There is no way of knowing if they will approve him. We are unaware of time limit that the VA will overlook the bankruptcy.

    About the only thing you can do is to try and if they refuse him, is to deal with it at that time and have someone else appointed.
  12. Fit2009

    Fit2009 Sr. Member

    12 years ago should not be a problem as long as you are honest about it - they should ask.

    Johnlm326 - you should be claiming the costs your father-in-law pays you for the care you provide - this will increase the payment to you.

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