Should I request fiduciary at application time?

Discussion in 'Fiduciary questions' started by mardi, Jun 7, 2017.

  1. mardi

    mardi Newbie

    Hello,

    Firstly, thank you for this site, this forum and all the guidance and support you provide. You are a blessing!

    I'm completing an application for my Mom (surviving spouse). She is post stroke, mentally incompetent and dependent for all affairs and activities of daily living. She is in home with myself and 2 hired caregivers providing 24 hour care. I have POA for her and I'm co-owner on her bank account.

    My Questions:

    1) How do I gain access to be able to discuss my Mom's case with VA during application process? I see the suggestion to complete FORM 21-0845 - Authorization to Disclose Personal Information to A Third Party. However, that form states "may not be executed by any beneficiary recognized as incompetent for VA purposes". It seems like a bit of a catch-22...what to do?

    2) Can I and should I request fiduciary process along with initial application submission? If so, how do I go about such?

    3) Is form, 21-2680 (Examination For Housebound Status OR Permanent Need For Regular Aid and Attendance) required? Is it the same as what is considered the Physician's Statement?

    4) Is form 21P-8416 (Medical Expense Report) required?

    5) Do I sign the application?

    Thank you for considering my questions and any feedback you have will be helpful.

    Sincerely,

    Mardi
     
    Last edited: Jun 7, 2017
  2. Kaylin

    Kaylin Hero Member Staff Member

    Hello Mardi! Thank you for the kind words, hopefully this forum will be of great help to you as you go through the application process.

    1) How do I gain access to be able to discuss my Mom's case with VA during application process? I see the suggestion to complete FORM 21-0845 - Authorization to Disclose Personal Information to A Third Party. However, that form states "may not be executed by any beneficiary recognized as incompetent for VA purposes". It seems like a bit of a catch-22...what to do?
    Yes, you simply fill out the 21-0845 form to be able to act as a third party to discuss your mother's application with the VA.

    2) Can I and should I request fiduciary process along with initial application submission? If so, how do I go about such?
    You do not request fiduciary process until the VA has ruled your mother incompetent and they tell you you must go through the fiduciary process. That is just how it works.

    3) Is form, 21-2680 (Examination For Housebound Status OR Permanent Need For Regular Aid and Attendance) required? Is it the same as what is considered the Physician's Statement?
    Yes, it is the Physician's Statement and it is required to be signed by a doctor.

    4) Is form 21P-8416 (Medical Expense Report) required?
    This form is not required for complete application but can just be a supporting document.

    5) Do I sign the application?
    Your mother has to sign the application. You can read this blog post I created that explains other methods of getting a signature if your mother is not willing to do so.
    https://www.veteranaid.org/blog/201...r-name-on-the-aid-and-attendance-application/
     
  3. mardi

    mardi Newbie

     
  4. mardi

    mardi Newbie

    Thank you for your guidance on ALL my questions Kaylin! I definitely feel more secure in the process and frankly, not so alone.

    I do have a follow-up question in regards to my Mom signing both the Application and the Authorization to Disclose. My Mom couldn't make an X . To confirm, the VA will accept the fingerprint method on the application?

    As far as the Authorization to Disclose, in your reply you indicate for it to be filled out and sent at application time. Do I sign it or my Mom sign it? It appears to indicate the beneficiary should sign? If it is the beneficiary (Mom) to sign, is the finger print method okay on the Authorization to Disclose as well?

    I guess part of my issue/concern is that my Mom is mentally incapacitated and signing forms (finger print in her case).

    Again, I can't thank you enough for your support and guidance!

    Mardi
     
    Kaylin likes this.
  5. Kaylin

    Kaylin Hero Member Staff Member

    Yes, they are supposed to accept either the "X" or the fingerprint in place of a signature.

    Yes, your mother can use the "X" or fingerprint method on all paperwork where she needs to sign. Including the Authorization to Disclose paper.

    You're most welcome! Please don't hesitate to come back if you have more questions. Best of luck to you!
     
  6. Honor First

    Honor First Newbie

    Today I received the VA award letter for my brother. They sent it to my old address, but I'll take care of that on Monday morning. My brother received the full award of $1,794.00 per month. As long as he doesn't need a higher form of care, we should be able to make it without running out of funds.

    It took from April to July for the full process. Kudos to the VA for quick service!

    The VA did site a doctor's report stating that my brother wasn't competent to handle his own finances. They sent along the VA 21-4138 "Statement in Support of Claim," so I think the VA is suggesting that I use this form to agree (which I do), and state I'm willing and able to be appointed the "fiduciary."

    Actually, I have been on his bank account for many years, and pay all of his bills, do his taxes etc... I also have a Durable Power of Attorney (DPOA), but that doesn't count with the VA.

    To make sure I'm doing the fiduciary stuff correctly, I'm going to take my brother with me to the local VA office, and ask in person advice on how I should proceed. From the VA letter I received, it appears they are going to make the monthly deposits into his bank account for the time being, but I have to get working on the fiduciary, so he doesn't get blocked in the future.

    I'll keep everyone posted on how the fiduciary meeting goes at the VA office.

    I did discover that the VA will accept "senior residence" as a the same as an a licensed "assisted care" facility. In case anyone saw my other postings on the subject. Thye accepted the letter from the senior care facility, in which they described the amount and level of care they were providing. So don't despair if you or your loved one is not in a licensed "assisted living" facility.
     
  7. Terri27

    Terri27 Newbie

    (Honor First )Wow less than 4 months to get approved?? That give some hope as we are just starting the process and the
    paperwork is overwhelming. Any advice is much appreciated :)
     
    Kaylin likes this.
  8. Kaylin

    Kaylin Hero Member Staff Member

    @Honor First do you have any advice for @Terri27 ? On how fast you were able to get the application approved?
     
  9. Honor First

    Honor First Newbie

    I made my first attempt at applying for A&A for my brother last December, and it was rejected. I had incorrectly filled out the form for "Intending to File." This caused me to do further research on the forms required by the VA. From reviewing the forms I learned what records I was going to need to show his income, and how much was spent on his health and welfare.

    My wife and I compiled all of his pharmacy, doctors, prescrition glasses, medicare part D payments, health insurance costs, and rent payments (he was living in a mental health facility that was state owned, but they charged him a monthly rent). It took quite a while putting all of it together.

    While I was doing all of this work, I read where you could use a VA accredited attorney to represent the VA applicant for free (they only get paid, if there is an appeal, and that is a VA regulated formula). I ran a check through the VA website and found a local attorney who had the VA accreditation. I met with her, and she had me sign a contract with her.

    Basically, my wife and I did all of the gathering of supporting records, but the attorney filled out the forms. Even she made a couple of mistakes on the forms. I think it was her very first time filing with the VA. The lawyer tried doing the elctronic method of filing, and it appeared that only the basic application was received by the VA. The lawyer then decided to snail mail the package, registered, return receipt requested to the VA. This was in April of this year.

    Within a month the VA was sending out correspondence, but mistakenly to my brother's senior care facility address. Luckily, the fscility is small, so the receptionist held on to the mail and gave it to me whenever I visited.

    I attempted to correct the address with the VA, but it took a while.

    In early June I decided to file for VA medical for myself, being a Vietnam veteran. I went to the local VA office, which happens to also be a medical clinic. The VA technician was nothing less than fantastic. While I was with her, I brought up thesubject of the A&A pension, and my brother. She suggested I go see the Georgia Veterns Service Officer (VSO), who had an office in the facility.

    The very same day I knocked on the VSOs door, and he invited me in. I told him about what I had accomplished to that point for A&A. He told me to bring everything I had pertinent to the application to his office, and he would resend it directly on his fax machine.

    The following day I returned to the VSO with the material. He copied the entire package, then faxed it directly to the correct VA office.

    The third week of July I received the award letter. In the letter it stated my brother was now entitled to medical, including pshychriatic care, and full pharmacy support.

    A few days after I received the award letter I took my brother to the VA office/clinic, and they registered him for a primary care doctor visit, and a blood draw for lab work before the visit. I will take my brother this Friday morning for the lab blood draw, then next week to see the primary care doctor.

    I checked with the "Wellness Coordinator" at the senior care facility, telling her my brother will be getting his prescriptions filled through the VA in the near future. She said that wouldn't be a problem, because she already has other veterans in the facility doing the same thing.

    When the senior care facility receives medications from the pharmacy, they send it to their pharmacy that repackages the drugs into dosage units, to make it safer and easier for the dispensing of the drugs to the patient.

    The wellness coordinator said that "Guardian Pharmacy" is who they use to do the repackaging, and they don't charge for veterans, isn't that wonderful of them!!!
     
    Kaylin likes this.
  10. Kaylin

    Kaylin Hero Member Staff Member

    Thank you for sharing your story and advice, @Honor First !
     

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