Our Experience with the Fiduciary Process

Discussion in 'Fiduciary questions' started by LindaInTX, Oct 27, 2013.

  1. LindaInTX

    LindaInTX Newbie

    I recently posted our story about getting Aid & Attendance benefits for my father-in-law. In order to get the lump sum payment released, it was necessary to have my husband appointed as fiduciary. I thought I would summarize the fiduciary process based on our experience.

    The letter we received during May 2012 granting the monthly benefits stated that a fiduciary needed to be appointed. As recommended on this website, we turned around the paperwork stating that we would not contest the fiduciary using the proper wording. Both my husband and father-in-law received a letter dated November 6, 2012, that stated a field examiner would be contacting them within the “next few weeks” to appoint a fiduciary/payee to manage the benefit. The VA contacted and met with my father-in-law in Oregon during January 2013 after numerous calls to find out the status. They contacted and met with my husband in Texas during August 2013 after numerous calls to find out the status. We had everything ready that they requested in the November 2012 letter for both appointments. We had to update my husband’s packet, since so much time had elapsed since meeting with my father-in-law.

    During the meeting with my husband, the VA field examiner told him what we needed to do to get the lump sum. Basically, we needed to open a bank account with the specific wording provided by the field examiner, and my husband needed to be bonded for about $53,000. We are not sure how that amount was calculated, since the lump sum was only $30,000 and his other account has less than $5,000 in it. We were working on setting up the bank account and getting the bond when the money showed up about two weeks after my husband’s appointment with the field examiner. The bank (one of the big three banks) had trouble setting up the account locally the way the VA wanted it titled, so it had to be sent to their central processing location to set up. The bond took a while to get. Both are now in place, and the money is in the proper account. Based on the letter we received shortly before the money showed up, we think we need to get his monthly Aid & Attendance check deposited into the fiduciary account. Based on how long it took us to move his navy pension direct deposit, we think that may take a while. The bank works directly with VA, and they are trying to get it moved. But, it took over a year to get his navy pension moved to a different account with the bank assisting.
     
  2. vetadmin

    vetadmin Administrator Staff Member

    Thanks for sharing your experience here with everyone. The Fiduciary process can be quite challenging, and for most the accrued funds are critically needed, so glad you made it through everything!
     
  3. dabarn

    dabarn Newbie

    Thank you for posting your experience. As I am about to begin the process to receive the lump sum that has accrued and will not contest the need for fudiciary, can you tell me where to find the proper wording on this website as I reply to the VA requesting to be my mom's fudiciary?
     
  4. vetadmin

    vetadmin Administrator Staff Member

    You're welcome, and here you go:

    Please be advised that (parent's name) and I have no issue with the VA finding of incompetence and wish to proceed with the appointment of a fiduciary. We wish to appoint myself (her/his insert your relationship to the veteran) as fiduciary. I understand that I must be interviewed prior to that appointment and would appreciate such an interview be scheduled as soon as possible.
     
  5. Lori C.

    Lori C. Newbie

    My mom has finally been awarded the surviving spouse A & A benefit after 13 months (Philadelphia division) and I am applying for fiduciary. Can you share how the bank account is supposed to set up at the bank. I am presently on my Mom's bank account and pay all of her bills. Also, do they hold the montly payment while you are waiting for the fiduciary process to be complete.
     
  6. vetadmin

    vetadmin Administrator Staff Member

    Congratulations!

    You need to wait for the Fiduciary meeting with the Field Agent. They will give you specific instructions on how they want the account set up.
     
  7. Twinstoo

    Twinstoo Newbie

    I'm happy to say that as of Nov. 1, 2013, Mom is receiving the top amount for a spouse of a veteran. I received a call from the VA the next week, and then met with the VA representative the following week. I emailed him ahead of time to ask for the Fiduciary paperwork and we met last week to go over it. He was pleased that I knew what I was doing (thanks to the VeteranAid.org Forum) and everything was completed correctly -- made his job easier and eased my mind! Thank goodness for 'keeping good records.' In January I will set up mom's bank account and then her back payments will follow. True to what you have stated on your website...expect that it will take about 10 months to a year for one's application to process. Thanks again! :)
     
  8. vetadmin

    vetadmin Administrator Staff Member

    Congratulations!! I'm glad to know we were helpful along the way.

    Wishing all the best to you and your Mom!
     
  9. Lori C.

    Lori C. Newbie

    I posted Nov 2013 that my mom was awarded the A&A benefit but we were required to go through the fiduciary process. The process began in Nov 2013 and we heard from the South Carolina Fiduciary office in May 8, 2014. The Field examiner contact me June 1, 2014 for my face to face appointment. I was appointed Fiduciary June 13th and given instructions to set up the bank account. The bank account was complete by July 1, 2014 and it is now Sept. 24, 2014 and we are still waiting for the retro-payment funds for my mother. Thus far it has been a 4 month process waiting for the retro funds and we are still waiting. Keep in mind my mom has waited 3 1/2 years to be awarded the A & A benefit. So my question is....Is there anything that we can do to speed up the retro-payment process we are financially exhausted........ :eek: :eek: :eek:
     
  10. vetadmin

    vetadmin Administrator Staff Member

    Contact her Senator and have them make an inquiry. I would not delay contacting them.

    Please let us know how it goes.
     
  11. VA13

    VA13 Newbie

    Hello Debbie...more questions ???



    Re: form 21-4138 for A&A increase.

    I understand how to request for a Health Care Worker, amount, hours, assistance discription, etc. HOWEVER, how do I request for "life necessities", soap, prescriptions, diapers, etc....I read somewhere if the doctor writes a "prescription for moms diapers" I can add those too?

    Moms widow pension + her SSI pay her entire rent, (no assets) with nothing left over for life necessities. How do I add that to A&A?


    I requested Fiduciary (and) A&A at the same time in 2010 . When the field officer arrived she asked about other "usage and needs" such as Utilities, Incidentals, clothing. I gave her a low amount, moms needs were few at the time. So the filed officer said she was going to give me an added A&A $430.00 for myself and mom. I assumed that money was for moms necessities and my gas to get to my moms so I could help her. Now come to find out that was my payment for A&A that I was using for my moms necessities?

    I don't mind! It's for my mom! But in 2010 when I'd either speak to VA phone agents or asked the field officer.....they were very cryptic and wouldn't give me ALL the info...

    I remember asking that's all my mother's going to get from A&A! They didn't explain anything and at them time there wasn't the info there is now on A4A! I knew moms Alzheimers was going to progress and her needs where going to cost more. All they said was yes and didn't explain I could ask for an A&A increase!!! The only reason I found out was because I was doing research and found some Elder Care Attorney's sites beginning of this year with more information!! :mad:
     
  12. vetadmin

    vetadmin Administrator Staff Member

    She can't claim all those other expenses you listed for A&A purposes.

    At the end of year, you can claim any unreimbursed co-pays for RX's for a one time pay out for that. She cannot claim adult diapers with or without a RX.

    If her expenses have gone up you simply do a VA 21-4138 Statement in support of claim letting the VA her care expenses have gone up, and they will will calculate her award.
     
  13. VA13

    VA13 Newbie

    Sorry the other post/thread, it wasn't intentional. I thought I was on the "Ask Me Anything Thread". I had a few tabs/page open on my computer while searching for information.

    Thank you!

    Ok....just use the same form I request for a Health Care Aid, and also add the additional care expenses! Thank you once again.... :)
     
  14. vetadmin

    vetadmin Administrator Staff Member

    Not a problem, and you're welcome.
     
  15. VA13

    VA13 Newbie

    Ok..........I think I got it now.

    For A&A I use VA form 21-4138 requesting payment 4 a "Health Care Aid worker".

    (AND)

    For End of Year Medical Expenses I use another VA form to include RX diapers..etc..... VA Form 21P 8416 ? Is this the correct form I will use?

    THANK YOU, again. :)
     
  16. vetadmin

    vetadmin Administrator Staff Member

    I am not sure what you are referencing on Health Care Aid Worker.

    A&A is only paid to the veteran or the surviving spouse. It is up to them to pay who they choose as their caregiver.

    At the end of the year you do the Medical Expense.
     
  17. VA13

    VA13 Newbie

    I'm my mothers Fiduciary, my mother was "rated" due to Alzheimer's, so I was going to request an A&A "increase" to pay for a Full time Health Care Aid worker for my moms care.

    And for other expenses from what I'm gathering, fill out an end of the year VA form? Correct? But what VA form number is it?

    As it stands today, I had to take my mom to the hospital (she went of the rails getting very aggressive and out of her mind) the Alzheimer's is really progressing........they put her on a 51/50.......they may not let me get a Health Care Worker for her now, the hospital may insist she go to assisted living or nursing home....it was a very sad and painful day....

    Thank you, once again. ~J
     
  18. vetadmin

    vetadmin Administrator Staff Member

    I'm sorry to hear this for you and your Mom.

    You cannot ask for an increase on the pension until she is actually having more care, or does move into a facility. The request cannot be for anticipated or projected expenses. It has to include current and ongoing expenses to support the increase in the award.
     

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