Fiduciary question

Discussion in 'Fiduciary questions' started by SquirrelPrincess, Mar 12, 2015.

  1. What do we need to do to get my husband set up as fiduciary for his father?
  2. vetadmin

    vetadmin Administrator Staff Member

    Has his Dad's application been approved?
  3. Yes.

    The award letter was received in February. But because the doctor noted confusion (90 yr old father in law had a stroke) on the assessment form, they want to assign a fiduciary. My husband has POA for his dad already. What does he need to do to be his fiduciary?
  4. vetadmin

    vetadmin Administrator Staff Member

    Once you receive notification from the VA that they find it necessary for a fiduciary to be appointed you should submit VA Form 21-4138( you can get this on our site) and include the following statement:

    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.
    At this point both (whoever is asking to be appointed) and the applicant will have to be interviewed by a VA Field Agent who will determine if you are an appropriate person to assign fiduciary to.

    Note: Due to the overwhelming needs for interviews such as this, it can take months before you are contacted to schedule an appointment. You may need to be proactive in calling and "requesting" that an appointment be scheduled.
  5. Thanks! Should we fax in the form and include veteran's file number or mail it in the same way as the application?
  6. vetadmin

    vetadmin Administrator Staff Member

    I would say mail it the same way, Return Receipt.
  7. Bonus question:

    From my reading fiduciary related posts here on the forums, I understand that once someone is appointed fiduciary, they have to open a separate account for the Aid and Attendance benefits to be deposited into. Is that account then strictly for VA benefits only? Does the veteran still keep his/her existing bank account as well?
  8. vetadmin

    vetadmin Administrator Staff Member

    Strictly for the VA pension.

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