21-0845 question

Discussion in 'General Discussion' started by haynesgk, Oct 13, 2012.

  1. haynesgk

    haynesgk Newbie

    I am Trying to finish preparing to do the initial filing for Aid and Attendance for my mom. She is the surviving spouse of a wartime veteran.The nursing home statement was completed by their Dr. showing Mom incompetent to handle her own affairs. I am filling out a 21-0845 and will have her sign it as I have all other forms that asked for her signature.

    Here is my question.
    Since the nursing home form shows that she is incompetent, will they still contact me regarding the need to appoint a fiduciary ? Seems like a catch 22 that she is incompetent to handle her affairs yet they can not contact me about her application since they need permission to release info about her to a third party.
    Thanks so much for your help!! I would not be this far along without your website.
  2. maralina1

    maralina1 Full Member

    The 21-0845 gives you permission to inquire on the status of the claim. You can call the VA and they will be able to speak to you. The fiduciary appointment is a separate process. This happens once the claim is approved. Good luck
  3. haynesgk

    haynesgk Newbie

    But what I am asking is... if the Doctor's Report on the Nursing home statement shows my mom as incompetent. Then the VA probable will as well.

    So then would they not consider the application (21-0845) invalid since she as incompetent signed it?
  4. Red Headed Mommy

    Red Headed Mommy Jr. Member

    Yes--what you have asked is very logical, BUT ;) as you navigate through the process you learn you have to follow the VA system. Since the VA does not recognize other power of attorneys, you must have your mom "sign" the application, go through the approval process having her permission for you to talk to the VA on her behalf, and then wait for them to determine competency upon approval.

    If you mom is unable to sign the forms with her name, then get her to make the mark of an "X" or do an inked thumbprint. On both of these you will need two witnesses to acknowledge it.

    As my 92-year old father in law says, "you have to go along to get along"..in this case, go along with the VA process :)

    Good luck!
  5. vetadmin

    vetadmin Administrator Staff Member

    Red Headed Mommy is correct!

    Until the VA rules your Mom incompetent, it is a non-issue. Mom has to either sign, mark with an "X" or an inked thumb print. Both "X" and thumb print have to be witnessed by 2 people.

    You need the 21-0845 to be included with her application.

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