Fudiciary Question

Discussion in 'General Discussion' started by bumblebee, Oct 23, 2007.

  1. bumblebee

    bumblebee Newbie

    My mom has been approved for A&A, has been declared incompetent by the VA and I have applied to be the fiduciary. How long does this take? Does the VA require a face to face interview with the person list as the fiduciary? We applied for this A&A benefit in April and are still awaiting the first check. Does anyone know the steps from this point on?
     
  2. veteranadvocate

    veteranadvocate Full Member

    Glad to hear that your Mom's claim was approved but it does no good if she cannot receive the benefit. I am attaching a section of the VA's Adjudication Manual that should be of some help to you. You should download the VA form 21-22a so that you can act on your Mom's behalf.

    Based on the following information from the VA's manual, they should pay your Mom directly or to a temporary fiduciary until they complete their actions for a permanent fiduciary. The VA will send out a field rep to interview the recommended fiduciary and to go over the reporting requirements.

    If you have no luck working with someone from the VA then go to your congressman with the following information. Your Mom has everything at stake and the VA has nothing. Don't take no for an answer. You have the ammunition, use it.


    17.15 PROCEDURE UPON RECEIPT OF EVIDENCE OF INCOMPETENCY

    a. General. Do not routinely suspend direct payments to a beneficiary pending development of an issue of incompetency or certification of a fiduciary. If evidence indicates a beneficiary is not receiving or is being deprived of the full benefits being paid, and VA has rated the beneficiary as incompetent or VA has received evidence that a court of jurisdiction has determined the existence of a legal disability, payments may be suspended and the Fiduciary Activity requested to provide expedited certification of a fiduciary. If entitlement to benefits has been established but no payment has been made or if increased benefits are payable, make a determination as to whether or not benefits should be paid directly pending certification. The determination should consider if delaying the payment of the benefits would cause undue hardship for the beneficiary. If the evidence of record shows that delaying payment would create a hardship, properly annotate the award, referencing the evidence reviewed and the justification for paying benefits directly to the beneficiary.

    Note: In those cases where there is clear evidence of record that the beneficiary's funds are being mismanaged while a decision of incompetency is pending or such decision is being appealed, the VSCM can approve the appointment of a temporary fiduciary. Immediate action should be taken to request the Fiduciary Activity to certify the appointment of a temporary fiduciary to the VSCM. The appointment of a temporary fiduciary cannot exceed 120 days. Prior to the expiration of such appointment, a fiduciary must be certified, or the beneficiary must be paid direct.
     
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