Fiduciary status -- keep on top of it!

Discussion in 'Share Your Personal Experience' started by jscott, Mar 10, 2016.

  1. jscott

    jscott Jr. Member

    Here's our fiduciary story:

    Thanks to Debbie and this site, I submitted my MIL's A&A application to the Philly VA in Dec. 2014 and was approved in July 2015. The decision letter indicated that the VA wanted to appoint a fiduciary before releasing the back award (in our case, around $20,000).

    Using the language in the FAQs, we filled out the statement waiving the 60 days, indicating she wanted her son to be the fiduciary, and gave all contact info. I also included all in the a cover letter requesting expedite because of her age. I mailed this about a week after receiving the VA award letter.

    When I'd heard nothing by late October, I phoned the Indianapolis Hub to inquire about the status. The woman did not want to tell me much other than there was a backlog. After a lot of coaxing, I got her to say the interviewers were working on cases submitted in April, so perhaps ours would be scheduled in 2 months. I inquired about releasing the back-funds (using the language in the FAQs), but she dismissed that outright, saying "we don't do that."

    Figuring nothing would happen over the holidays, I waited until early February to call again. This time, when the man pulled up the case on his computer, he said, "Whoa -- something's not right here." and asked if I could hold for a few minutes so he could walk over to the examiners' office to get a status. About 20 min. later, he came back and told me they were now putting an expedite on her case. He estimated ("but don't hold me to it") two weeks for the interviewer to call us to schedule the field interview. Based on my conversation with him, it was clear that the lady I spoke to in October did not even look up the case on her computer or she would have seen the delay. I asked him if there was anything else I could do, and he said the cover letter I'd written was perfect. He told me repeatedly that it was a good thing I called.

    Two days later, I received a letter notifying us officially of the results of the fiduciary hearing. I did not know we would get formal notification before the field interview. The fact we received that letter 2 days after I called indicates to me that our case had been lost somewhere along the way and had I not called and spoke to this diligent man, I would still be waiting.

    Sure enough, the examiner called in about 3 weeks. After the interview, she said she'd fax the documents and hopefully, we'd get the formal appointment letter soon.

    Only 12 days later, the check showed up in the mail -- no letter, no anything. Just the check. We're still waiting for the letter, so we can set up the bank account. If we don't get our letter next week, then I'll be calling Indianapolis again. But at least we have the check!

    The moral of this story is: If you haven't heard anything from the VA in about 3 months after your fiduciary submission (especially when you've waived the 60-day period), then CALL them and find out what's going on.
     
  2. vetadmin

    vetadmin Administrator Staff Member

    jscott,

    What wonderful news, and thank goodness you stayed on top. It is so sad that so many VA employees don't take the time to do their job. Luckily you got one that did and followed through on it.

    I'm glad to have shared in this journey, and so glad you got all the back award. Thanks for sharing with everyone here!!
     
  3. llwright

    llwright Newbie

    We received a little over $26,000. The rep. said we had to purchase a surety bond first. I think the limit is $25,000 before they require a bond. We got a quote and it's $500.
     
  4. Kaylin

    Kaylin Hero Member Staff Member

    Yes, that sounds correct llwright. Glad to hear you are making progress!
     
  5. jmock1204

    jmock1204 Newbie

    I'm not sure where to ask this... I am starting the process of Fiduciary appointment for my dad. I have completed the 21-4138 (with the recommended verbage). I also have the form waiving the 60 day waiting period. Can I sign both of these forms on behalf of my dad? I have the VA approval and paperwork to speak/act on his behalf. Thanks for the help!
    Also- can I upload these docs to ebenefits?
     
  6. Kaylin

    Kaylin Hero Member Staff Member

    jmock1204,

    If your father cannot sign the forms, you can have him mark an "X" with two witnesses present to sign off below his signature. These witnesses can even be yourself and one other person. I am fairly certain the fiduciary process has to go through with the field agent before you can handle his documents and financial affairs. If you have any more questions about the fiduciary process, please refer to this blog post: http://www.veteranaid.org/blog/2016...iduciary-process-work-aid-and-attendance-faq/

    I hope that can be of help to you.

    As for the eBenefits website, I believe that is correct. We do not use the eBenefits website here and do not normally recommend people use it, but I would say that sounds correct to me that you should be able to upload them to the eBenefits website or do the forms online with your account.
     

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