My mother was awarded full benefits as the surviving spouse of a vet and is receiving monthly deposits to her account. She has also been awarded 12 months worth of money back payments. However she has been labeled incompetent and a fiduciary has to be appointed before she can receive this money. Her son (my brother) and his wife have been paying for her in home care for several years. My question: Even though the funds are being deposited to my mothers account, my brother and his wife are still paying out of pocket and letting the funds accumulate in my mothers account. They feel if she needs to be placed in a nursing home she will qualify for a better home having the cash in her account I am worried that when the fiduciary meeting happens the VA is going to say why haven't you used these funds and view my brother's payments as a gift to my mother and revoke her pension. Are my fears justified?