More questions!

Discussion in 'Fiduciary questions' started by eifan115, Apr 26, 2016.

  1. eifan115

    eifan115 Newbie

    Since sending in paperwork for a fiduciary to be named delays the payments, is it better to indicate that my mom can handle her affairs even though my sister will be managing her finances?

    Just wondering what the ramifications are. Money would be directly deposited to an acct that both my mom and sister have access to.

    Also can I send in 2 copies of the form 21-0845 so that both my sister and I can be named to handle her claims? Or is this the form needed for only the fiduciary?

    Thanks again! I have tried to find these answers by doing a search but I must not be wording my questions well as I am having trouble finding what I need to know!
     
  2. Kaylin

    Kaylin Hero Member Staff Member

    eifan115,

    The Physician's Statement form that you have to send in will indicate whether the fiduciary will be needed or not. Unfortunately, most of the time the VA will find some way to rule that there is a fiduciary needed. You can read more about the fiduciary process here on this blog post I created: http://www.veteranaid.org/blog/2016/02/11/how-does-the-fiduciary-process-work-aid-and-attendance-faq/

    As for the 21-0845, you should be able to list more than one person on the form. Make sure to double check that. I am pretty sure you can.
     
  3. vetadmin

    vetadmin Administrator Staff Member

    eifan115,

    Only one (1) person can be listed on the 21-0845 as the Approved 3rd Party for the VA to share information with. Do not send in two separate ones.

    The VA will not accept her being able to handle her own finances since your sister is actually the one doing it.

    You do not address the Fiduciary issues until such time the VA makes the ruling of "mental incompetence", DO NOT address this issue during the application process.
     
  4. eifan115

    eifan115 Newbie

    Thank you for the info. I think what I am going to do is send in the one 21-0845 with my info as I am the one doing the application. Then once it is (hopefully!) approved and they require a fiduciary, at that point I will change the contact person to my sister who will handle the finances. Sound ok?
     
  5. toxdoc49

    toxdoc49 Jr. Member

    So I am just jumping in because I have a similar situation. My wife manages her mother's financial affairs; she has a durable POA. Are you saying that if the box is checked 'no' on question 27, that it automatically triggers a fiduciary? I just don't want the VA to kick out the application once I get it completed. Thank you. I am new to this process but just want to get the application right.
     
  6. Kaylin

    Kaylin Hero Member Staff Member

    toxdoc49,

    The fiduciary status is not determined by that form, it is determined by the physician's statement where the doctor indicated if the applicant is able to handle their own financial affairs. MOST of the time, the fiduciary process does occur.
     
  7. toxdoc49

    toxdoc49 Jr. Member

    Thank you. What process does that trigger and does it delay the approval? I just want to be ready with the right forms, etc. when it happens. there is no dementia diagnosis involved fyi. Thank you.
     
  8. Kaylin

    Kaylin Hero Member Staff Member

    toxdoc49,

    Here is a blog post I created that should tell you everything you need to know about the fiduciary process: http://www.veteranaid.org/blog/2016/02/11/how-does-the-fiduciary-process-work-aid-and-attendance-faq/
     
  9. toxdoc49

    toxdoc49 Jr. Member

    Again, very helpful to me as I am new to this process and realize it is complex. Thank you!
     

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