fiduciary

Discussion in 'General Discussion' started by sam white, Feb 18, 2008.

  1. sam white

    sam white Newbie

    ACCORDING TO YOUR INFORMATION ON AID AND ATTENDANCE PENSION ,A FIDUCIARY IS REQUIRED FOR AN APPLICANT WITH MENTAL INCAPACITIES.I HAVE POA TO HANDLE MY FATHERS FINANCIAL AFFAIRS BECAUSE HE HAS DEMENTIA. MY QUESTIONS ARE:AS POA DOES THAT ALSO QUALIFY ME TO AUTOMATICALLY BE THE FIDUCIARY OR DOES AN ATTORNEY HAVE TO " ACT TO ACT IN THIS CAPACITY"
     
  2. veteranadvocate

    veteranadvocate Full Member

    ACCORDING TO YOUR INFORMATION ON AID AND ATTENDANCE PENSION ,A FIDUCIARY IS REQUIRED FOR AN APPLICANT WITH MENTAL INCAPACITIES.I HAVE POA TO HANDLE MY FATHERS FINANCIAL AFFAIRS BECAUSE HE HAS DEMENTIA. MY QUESTIONS ARE:AS POA DOES THAT ALSO QUALIFY ME TO AUTOMATICALLY BE THE FIDUCIARY OR DOES AN ATTORNEY HAVE TO " ACT TO ACT IN THIS CAPACITY"




    1, Court appointed POAs are not automatically recognized by the VA for fiduciary purposes but they can help to support your request to be made fiduciary for your Father. You can use the VA form 21-22a to serve as his representative in processing his application. The VA is not known to act quickly on fiduciary claims.

    My recommendation would be to not bring the issue up unless the VA determines that a fiduciary should be appointed. It is not an automatic procedure for the VA to appoint a fiduciary for mental incapacities. It will depend on how much the physician’s report expands on it.

    2. You can serve as fiduciary for your Father. If an attorney serves as fiduciary then they can collect a fee from the monthly check to do so.


    The Veteran Advocate
     

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