sick spouse and dementia

Discussion in 'Surviving Spouse Application' started by Rockola, May 10, 2016.

  1. Rockola

    Rockola Newbie

    Hi,
    I've just seen conflicting info on an elder-law atty's blog vs. what I've seen here and I thought I understood these two fairly simple issues, so here goes:
    1) Is the veteran or the spouse named as claimant when the veteran is applying for A&A based on sick spouse?
    2) If spouse's need for regular a&a w/ADL results from physical/neurological conditions (Parkinson's and osteoarthritis), with those conditions' and resulting limitations' being exacerbated by dementia (moderate),
    should the 2680 list the dementia or not? (Atty blog advises against listing dementia to avoid potential for delay due to fiduicary process.)
    As always, thanks very much to Debbie, Kaylin, and everyone else out there!
     
  2. Rockola

    Rockola Newbie

    Oops, guess what? Re including dementia diagnosis vs. trying not to trigger fiduciary process, I completely forgot about the fact that, should my folks be so lucky, checks will be going to the no-dementia-diagnosis veteran, not to the dementia-diagnosed spouse. SO... never mind!
    Re who's the claimant, I'm going to stick with what I think I've already learned - i.e., the veteran, not the "sick spouse" is the named claimant (and beneficiary).
    Having said all that, if anyone wants to respond and point out anything about anything, please do! Thanks again!
     
  3. Kaylin

    Kaylin Hero Member Staff Member

    Rockola,

    If the physician marks anywhere on the Physician's Statement form that you have to include with the application that your mother may not be able to handle her own finances than she will most likely have to go through the fiduciary process anyways. MOST A&A applications result in the fiduciary process because the VA wants to find a way to show that it is needed, unfortunately.
     

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