Haven't seen this situation on the forum

Discussion in 'Fiduciary questions' started by casagrayson, Jul 26, 2016.

  1. casagrayson

    casagrayson Newbie

    Quick background. My mom and dad are both WWII vets. My dad was approved in June for Vet+Spouse, and we received his retro pay and his first paycheck. Subsequently, my mom was approved on July 18 for her own benefit, and my dad's benefit changed to reflect that. (The two individual awards combined are a higher amount than the original one for my dad.) On July 21 my mother's retro pay was deposited in their checking account.

    In the award letter it said that a finding of incompetence was proposed, and today I got a phone call from a VA rep stating that and telling me that additional letters were in the mail letting me know how to assign a fiduciary. (Mom's diagnosis is dementia and aFib, so I'm not surprised.) However, our case seems odd in that the retro pay has already been deposited, and I'm assuming regular payments will start August 1.

    Normally, folks are encouraged to waive the 60-day period and agree with the incompetence finding. Is there any reason to do this? I was planning on using the retro funds to pay the August bill at assisted living for both she and my father. Is there any reason I shouldn't? My biggest concern? My mother's dementia is not the kind where she has turned into a sweet, compliant little thing. She gets *extremely* agitated when anyone tells her she can't do something, or that she is incapable of something. What if we can't get her to sign the paperwork saying she agrees with the fiduciary? What about the in-person visit? Some days she can be fairly rational, but other days she's capable of saying anything.

    Help! I'm back to being a nervous wreck over this.
     
  2. Kaylin

    Kaylin Hero Member Staff Member

    We recommend people waive the 60-day period and agree with the findings because in the long run, you're most likely not going to get the VA to switch those "findings" to show the applicant is actually competent. Therefore it's best to just get the fiduciary process going ASAP by waiving the 60 day period.

    As for the signature from your mother, you can also use these methods I described in this blog post: http://www.veteranaid.org/blog/2015...r-name-on-the-aid-and-attendance-application/

    It is strange that you've already received retro funds but you have to go through the fiduciary process now?...Are these retro funds possibly just for your father since it is just your mother that needs to go through the fiduciary process?
     
  3. casagrayson

    casagrayson Newbie

    No, Kayla. My dad got his back pay last month. Seems very odd to me.

    It's not that my mom can't physically sign the paper. I'm worried that she *won't* sign because she gets very irate when someone suggests that she can't take care of herself (even though she cannot).
     

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