5 months approval to Fiduciary meeting

Discussion in 'Share Your Personal Experience' started by Yukon Cornelius, Aug 5, 2014.

  1. We just had our fiduciary meeting with the VA field representative yesterday. All seemed to go smoothly. We met at the Assisted Living facility where my FIL resides - its only a few miles from our home. The VA Rep asked my father in law the basic cognitive questions like - what city are you in?; Who is the President of the US?; What is today's date or day of the week?; How tall are you? - He knew none of those.
    My wife gave him info on his finances as well as ours, as well as a copy of the court guardianship papers for my FIL showing my wife as his legal guardian.
    The VA rep said that it would take a month for his report to be written, processed and filed. Then it would take one to two months for the check covering the back payments to be issued. So we should have that check within around 3 months time. He has been getting the regular monthly benefits since March.

    Thanks again Debbie for this excellent website which has helped us get through the whole Aid and Attendance process.
  2. vetadmin

    vetadmin Administrator Staff Member

    You are so welcome, and Congratulations on making it through the process!

    Glad we could be here for you.
  3. rubyxstar

    rubyxstar Newbie

    This incredible it. If I had not read up on this, I could not believe it either.
  4. lady linda

    lady linda Newbie

    My Dad is also WW2 91, started this process 3/21/2013 I requested to expedited, and wrote letter stating his age, they have his SS they should know. At that time I had filled out form 21-526. There has been no issues with this form. I call when ever he receives a letter stating thank you for your service, there is a file number, I have called the phone number on the letter several times, all is paper work is in order they say.
    Its a waiting game, we received a letter last week wanted his Dr' treatment files. His Doctor filed out form 21-2680, there is No treatment for dementia, he requires 24 hour care. The Dr signed a statement what is going on, I faxed letter to number provided, & also mailed to address. We were give 15 days to do all of this, I was on vacation for 22 days, this is when letter was sent Undecided If they don't get letter, or fax in time, they will decide his claim Shocked Cry

    Will keep you all up to date Cool
  5. vetadmin

    vetadmin Administrator Staff Member

    You need to call his State Senator's office and ask them to make an inquiry to the status of his application.

    18 months and no decision?????? Unacceptable, and you need to make that call!
  6. SickofVA

    SickofVA Newbie

    I will be having a meeting for the VA to see that my father is incompetent and appoint me as fiduciary. Date is not set yet. He has had dementia for 10+ years. I have been his POA for the same length of time. The VA has documentation from his doctor for his dementia. He lives in a 24 hr secure memory care facility. What are the qualifications of the VA rep to evaluate my father? Are they medical professionals? I highly doubt it. Do they think he would be in a nursing home if it was not absolutely necessary for his safety? I know these are all questions that probably cannot be answered. They are just ways for the VA to drag things out even longer. It ha taken over a year to get my father the A&A pension, mostly due to the VA "losing" his first fully developed claim, and he is 89 years old. We have spent all his resources (and more) for his care over the past 10 years. Any advice about the meeting would be helpful. I will probably just try to say as little as possible so I don't get angry at the meeting.
  7. vetadmin

    vetadmin Administrator Staff Member

    The meeting is really more to determine your eligibility to be appointed as his Fiduciary.

    You want to be nice but firm, answer all the questions they have. They will chat a bit with your Dad, but they are not there to see for themselves he is incapable. It's a formality as well as a way to delay payment on the accrued benefits, but you don't want to say anything like that to the Field Agent. They have the power to put the data and paperwork into the system, so keep your calm during the interview.
  8. In our fiduciary meeting they only asked my father in law a few brief questions. Most were common questions a doctor may ask to evaluate the cognitive ability of the veteran. They are basic cognitive questions like - what city are you in?; Who is the President of the US?; What is today's date or day of the week?; How tall are you? - my father in law knew none of those. While its true the VA staff member is not a doctor, they are trying to see what the status of the vet is. It was not difficult. They also asked him things like how are you doing? Does everything seem OK here? and other chit chat.
    Yah, the system is slow - my father in law said he was happy with my wife as his fiduciary, but still they are delaying the back payment an extra month to allow him to appeal the appointment of my wife - in spite of the fact he has said he was happy with it and will not appeal.
    They did not go to his room, talk with the staff or do anything else. Most of the time was going over our financial paperwork showing that his money is all spent on his care. It was pretty easy.
  9. SickofVA

    SickofVA Newbie

    What kind of financial paperwork did you need? Even with the A&A there will not be enough to cover all his expenses and I will have to cover the gap, which will not be easy. Do they just need a bill from the nursing home? All he gets is Soc Sec and a small reimbursement from a LTC insurance policy. His SS is direct deposit so I do not get any paperwork and they have already double checked with SS. The only paperwork is the annual statement for his SS. I do get a receipt from the LTC insurance. Is that all I will need?
  10. ch1257

    ch1257 Newbie

    My father is 84 with Parkinson's for the last 10 years, and my mother was diagnosed with Alzheimer's a year ago - she' 81 - and it's advancing fast. My family started the process for pension with A&A for my Dad in Sep 2012 when he and my Mother moved into an assisted living in IL. For that first year, the VA constatnly wanted more information. When my sister-in-law took the last of the paperwork to the local VSO, one year after the initial paperwork, the girl looked at it and said, "That facility is not an assited living. Nothing we can do for you." So my sister-in-law and brother dropped it after that. I made an appointment with an elder law attorney who specializes in VA claims. It was money well spent!! In the mean time, we had to move my parents into a duplex and my brother who was living CA moved to IL to care for them. He began their care on March 1, 2014. This time, I handled all the paperwork, reviewed everything from the past claim, and FOUND THIS WEBSITE - Hallelujah!!! I followed all the advice I received from the attorney, the advice I found here, and submitted a claim to the VA (mailed it directly to Milwaukee instead of taking it to their local VA office). The VA received it and began the process on July 16, 2014. On Sep 16, 2014, the status on the ebenefits website was in the 8th and final stage stating a decision was made and paperwork would follow (the previous claim never made it past the 3rd stage). My Dad received his packet two days ago - Sep 20, 2014, and was approved for the max pension with A&A for him and my Mom. The process only took 2 months and the VA never requested anything more from us after they received our packet in July. It is SO IMPORTANT to send ALL the financial paperwork because the VA WILL ask for it later. Since we sent everything we could think of in the initial packet (from our experience with the first claim) there was no delay. Now we are waiting to figure out what happens with this fiduciary process, which I know absolutely nothing about. Ugh. We plan to move my parents into an assisted living ASAP and hopefully they will work with us on payment until the back pay is received. I plan to take the award letter to the assited living and discuss with them. Also, my dad will be receiving back pay from the date they moved into the assisted living in 2012 - the place the girl working at the VSO said was NOT an assited living! Highly recommend sending all your paperwork - registered mail - directly to Milwaukee. AND BOOKMARK AND DONATE TO THIS WEBSITE!! Many thanks to all!!!
  11. vetadmin

    vetadmin Administrator Staff Member


    Love to hear stories like this where folks don't give up and go after what they know their loved-one is entitled to.

    You can waive the 90 day wait period on the Fiduciary process and move forward with getting yourself appointed. Look on our site to print off the VA- 21-4138 and include this:

    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.

    Thanks for the shout out on donations supporting our work here at VeteranAid.org, and and again, best to you and your parents!
  12. ch1257

    ch1257 Newbie

    How long does it usually take to be contacted by the VA in regards to the Fiduciary interview? I sent the paperwork in approximately 3 weeks ago - registered mail - and haven't heard a thing, and the letter had been signed for. Thanks so much!!
  13. vetadmin

    vetadmin Administrator Staff Member

    It can take up to a year to get an appointment for this interview. I am sorry to say, it is not a fast process.

    If you don't hear anything after 60 days, I suggest making a call to just "confirm" they are aware of the request and then inquire as to an estimated timeframe for the appt.
  14. And in addition to the fiduciary meeting with the VA rep, it takes the VA a while to process the back payments - for us, it took almost 3 months from the date of the meeting to the time we actually got the deposit for the back payments.

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